No. A-2898-08T3

983 A.2d 203 (2009)

410 N.J. Super. 491

Arthur B. CARLSON, Jr., Plaintiff-Respondent, v. CITY OF HACKENSACK, a body corporate and politic of the State of New Jersey, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 1, 2009.

Attorney(s) appearing for the Case

Eric M. Bernstein, Warren, argued the cause for appellant (Eric M. Bernstein & Associates, LLC, attorneys; Mr. Bernstein, of counsel and on the brief; Wendy L. Wiebalk, on the brief).

David H. Ben-Asher, Montclair, argued the cause for respondent (Rabner Allcorn Baumgart & Ben-Asher, P.C., attorneys; Mr. Asher and Eugenie F. Temmler, on the brief).

Julian F. Gorelli, Senior Deputy Attorney General, argued the cause for amicus curiae State of New Jersey (Anne Milgram, Attorney General, attorney; Melissa Raksa, Assistant Attorney General, of counsel; Mr. Gorelli, on the brief).

Fred Semrau, Boonton, argued the cause for amicus curiae Association of Municipal Assessors of New Jersey (Dorsey & Semrau, attorneys; Mr. Semrau, on the brief).


The opinion of the court was delivered by


Defendant, City of Hackensack (City), appeals from that part of the April 25, 2008 order granting partial summary judgment to its tax assessor, plaintiff Arthur Carlson, determining the City had wrongfully reduced plaintiff's salary. The City also appeals from a second order of the same date denying its cross-motion for partial summary judgment.

The issue presented on appeal is whether a municipality...

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