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LOIGMAN v. TOWNSHIP OF MIDDLETOWN

DOCKET NO. A-2180-07T2.

975 A.2d 1006 (2009)

409 N.J. Super. 13

Larry LOIGMAN, Plaintiff-Respondent, v. TOWNSHIP COMMITTEE OF the TOWNSHIP OF MIDDLETOWN AND TOWNSHIP OF MIDDLETOWN, Defendants-Appellants, and Middletown Police Benevolent Society, Middletown Superior Officers Association, Defendants/Interveners-Respondents, and Lt. Best, Sgt. Shaffery, Sgt. Dollinger, Sgt. Maguire, Sgt. Deickmann, Jr., Sgt. Terefenko, Defendants/Interveners, Lt. Weber and Deputy Chief Hannafey, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided August 5, 2009.

Attorney(s) appearing for the Case

Bernard M. Reilly, Red Bank, argued the cause for appellant (Dowd & Reilly, attorneys; Mr. Reilly, on the brief).

Larry S. Loigman, respondent, argued the cause pro se.

Klatsky, Sciarrabone & DeFillippo, Red Bank, for respondent Middletown Police Benevolent Society (David J. DeFillippo, on the letter of non-participation).

Respondent Middletown Superior Officers Association have not filed a brief.

Before Judges LISA, SAPP-PETERSON and ALVAREZ.

The opinion of the court was delivered by

LISA, P.J.A.D.

The dispositive issue in this appeal concerns the validity of the Middletown Township (Township) ordinance creating a police department. The trial court held that the ordinance did not comply with N.J.S.A. 40A:14-118, as interpreted in Reuter v. Borough Council of Fort Lee, 328 N.J.Super. 547, 554...

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