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PBA v. TOWNSHIP OF N. BRUNSWICK

723 A.2d 1287 (1999)

POLICEMEN'S BENEVOLENT ASSOCIATION, NORTH BRUNSWICK, LOCAL 160, Plaintiff-Appellant, v. TOWNSHIP OF NORTH BRUNSWICK and Thomas Maltese, Director of Police, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided March 4, 1999.

Attorney(s) appearing for the Case

James M. Mets, Kenilworth, for plaintiff-appellant (Schneider, Goldberger, Cohen, Finn, Solomon, Leder & Montalbano, attorneys; Mr. Mets, of counsel and on the brief).

Thomas J. Savage, Lambertville, for defendant-respondent Township of North Brunswick (Savage & Serio, attorneys; Mr. Savage, on the brief).

Gary F. Stowell, Sr., Haddon Heights, for defendant-respondent Thomas Maltese (Helmer, Kassel & Stowell, attorneys; Todd J. Gelfand, on the brief).

Before Judges BROCHIN, KLEINER, and STEINBERG.

The opinion of the court was delivered by KLEINER, J.A.D.

In this declaratory judgment action, plaintiff Policemen's Benevolent Association ("PBA") filed a complaint in lieu of prerogative writs seeking to invalidate defendant Township of North Brunswick's ("Township") Ordinance 97-4 which created a police department without creating a position for a chief of police. Plaintiff's complaint asserted that the ordinance enacted by defendant violated the 1981 amendment...

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