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ORTLEY BEACH ASS'N v. FIRE COM'RS

749 A.2d 889 (2000)

330 N.J. Super. 358

ORTLEY BEACH PROPERTY OWNERS ASSOCIATION and Daniel Polifroni, Plaintiffs-Appellants, v. FIRE COMMISSIONERS OF DOVER TOWNSHIP FIRE DISTRICT NO. 1, Defendants-Third Party-Plaintiffs-Respondents, and New Jersey State Association of Fire Districts: Dover Township Fire District No. 2, Intervenors-Respondents, and Volunteer Firemen's Insurance Services, Intervenor-Third Party-Plaintiff-Respondent, and The Department of Community Affairs of the State of New Jersey, Third Party-Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided May 2, 2000.

Attorney(s) appearing for the Case

James J. Guida, Lyndhurst, for plaintiffs-appellants.

Daniel P. Reynolds, Deputy Attorney General, for third party-defendant-respondent The Department of Community Affairs of the State of New Jersey (John J. Farmer, Jr., Attorney General, attorney; Nancy Kaplen, Assistant Attorney General, of counsel; Mr. Reynolds, on the brief).

Richard M. Braslow, Toms River, for intervenor-respondent New Jersey State Association of Fire Districts: Dover Township Fire District No. 2.

Michael C. Paxton, Toms River, for defendants-third party-plaintiffs-respondents Fire Commissioners of Dover Township Fire District No. 1 (Shea & Novy, attorneys; Robert C. Shea, of counsel and on the brief; Mr. Paxton, also on the brief).

Edwin C. Landis, Jr., Newark, for intervenor-third party-plaintiff-respondent Volunteer Firemen's Insurance Services (Meyner & Landis, attorneys; Mr. Landis and David B. Grantz, on the brief).

Before Judges PETRELLA, CONLEY and COBURN.

PER CURIAM.

Plaintiffs Ortley Beach Property Owners Association and Daniel Polifroni appeal from the dismissal of their action which challenged a Length of Service Award Program (LOSAP) adopted by the Fire Commissioners of Dover Township Fire District No. 1 as a type of retirement plan for volunteer firefighters. Plaintiffs unsuccessfully sought to challenge the constitutionality of N.J.S.A. 40A:14-193b, which exempted existing LOSAPs from the requirement that...

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