MERLINO v. BOROUGH OF MIDLAND PARK


796 A.2d 203 (2002)

172 N.J. 1

Anthony MERLINO, Plaintiff-Respondent, v. BOROUGH OF MIDLAND PARK, Mayor and Council of the Borough of Midland Park, Michelle F. Dugan, Borough Administrator, David Heerema, Construction Official, Building Sub Code Official and Building Inspector, Defendants-Appellants, John Doe II Through X (fictitious persons), Defendants.

Supreme Court of New Jersey.

Decided March 27, 2002.


Attorney(s) appearing for the Case

Thomas B. Hanrahan, Hackensack, and Robert T. Regan, Westwood, argued the cause for appellants (Hanrahan and Robertelli and Mr. Regan, attorneys).

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


The opinion of the Court was delivered by LaVECCHIA, J.

At issue in this appeal is the meaning of N.J.S.A. 52:27D-126(b), a statute governing the conferral of tenure on construction code officials. More particularly, we are called on to determine whether Anthony Merlino achieved tenure as the Code Official of the Borough of Midland Park when he served a second four-year term after a ten day break in service. We hold that he did not.

I.

The...

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