CITY OF WILDWOOD v. DEMARZO

Docket No. A-5250-08T1

988 A.2d 1218 (2010)

412 N.J. Super. 105

CITY OF WILDWOOD, Plaintiff-Appellant/Cross-Respondent, v. Gary DEMARZO, Defendant-Respondent/Cross-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided February 22, 2010.


Attorney(s) appearing for the Case

Matthew T. Priore, Montvale, argued the cause for appellant/cross-respondent.

Samuel D. Lashman, Margate, argued the cause for respondent/cross-appellant.

Before Judges FUENTES, GILROY and SIMONELLI.


The opinion of the court was delivered by

FUENTES, J.A.D.

Plaintiff, City of Wildwood, is a municipality organized under the Walsh Act commission form of government, N.J.S.A. 40:70-1 to N.J.S.A. 40:76-27. Defendant, Gary DeMarzo, was elected to serve as one of three commissioners of the City's governing body. DeMarzo took the oath of office as a City Commissioner while on an unpaid leave of absence...

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