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FORESTER v. PALMER

No. A-3690-07T3. No. A-3691-07T3.

950 A.2d 253 (2008)

401 N.J. Super. 286

Gregory J. FORESTER, William Kearney, Jr., Joseph A. Harrison, Hoggarth Stephen, Nicholas I. Stewart, Carolyn Nicolai, Peter Wagner, Frank Sasso and James Fouse, Plaintiffs-Respondents, v. Douglas H. PALMER and Joseph J. Santiago, Defendants-Appellants, and The City of Trenton, a municipal corporation of the State of New Jersey, Defendant. City Council of the City of Trenton, Plaintiff-Respondent, v. Douglas H. Palmer, Mayor of the City of Trenton, and Joseph J. Santiago, Police Director of the City of Trenton, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided July 9, 2008.

Attorney(s) appearing for the Case

Angelo J. Genova, Livingston, argued the cause for appellant Douglas H. Palmer (Genova, Burns & Vernoia, attorneys; Mr. Genova, of counsel; Celia S. Bosco, Peter J. Cammarano, III and Emily J. Wexler, on the brief).

Salvatore T. Alfano, Bloomfield, argued the cause for appellant Joseph Santiago (Mr. Alfano, of counsel and on the brief).

George T. Dougherty, Eatontown, argued the cause for respondents Gregory J. Forester, William Kearney, Jr., Joseph A. Harrison, Hoggarth Stephen, Nicholas I. Stewart, Carolyn Nicolai, Peter Wagner, Frank Sasso and James Fouse (Katz & Dougherty, attorneys; Mr. Dougherty, on the brief).

David F. Corrigan argued the cause for respondent City Council of the City of Trenton (Mr. Corrigan and Edmund J. Corrigan, on the brief).

Before Judges SKILLMAN, WINKELSTEIN and YANNOTTI.

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

Defendant Douglas H. Palmer is the Mayor of the City of Trenton. In February 2003, Mayor Palmer, with the approval of the City Council, appointed defendant Joseph J. Santiago as the Police Director of Trenton.

At the time of his appointment and for some time thereafter, Director Santiago was a resident of Trenton. However, Santiago does not presently reside in Trenton.

A Trenton ordinance...

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