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MERLINO v. BOROUGH OF MIDLAND PARK

769 A.2d 1077 (2001)

338 N.J. Super. 436

Anthony MERLINO, Plaintiff-Appellant, v. BOROUGH OF MIDLAND PARK, Mayor and Council of the Borough of Midland Park, Michelle F. Dugan, and David Heerema, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided March 27, 2001.

Attorney(s) appearing for the Case

Paul A. Massaro, Montclair, argued the cause for appellant.

Thomas B. Hanrahan, argued the cause for respondents (Hanrahan and Robertelli, Oradell and Robert T. Regan, Westwood, attorneys; Mr. Regan and Mr. Hanrahan, of counsel and with Christine M. Vanek, Oradell, on the brief).

Before Judges PRESSLER, KESTIN and ALLEY.

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

Plaintiff appeals from a judgment in favor of defendants entered after a bench trial. Plaintiff seeks to be restored to his position as municipal construction official, building sub-code official and building inspector, with back pay, retroactive benefits, damages, and attorney's fees. He has pled his claims based on State and federal statutes and pursuant to a theory of breach of employment contract.

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