Marini v. Holster
Marini v. Holster
Opinion of the Court
The opinion of the court was delivered
The question is whether defendant Holster may lawfully hold simultaneously the offices of City Manager, Director of Public Works and City Engineer, within the City of Clifton. The trial court held he could, 87 N. J. Super. 329 (Law Div. 1965), and the Appellate Division affirmed, 91 N. J. Super. 4 (App. Div. 1966). We granted certification. 47 N. J. 420 (1966).
We agree with the correctness of those judgments, but believe the result should rest upon R. S. 40 :81-11 which provides with respect to the plan of government under which Clifton operates, that
“The municipal council shall appoint a municipal manager, an assessor, or where required by law a board of assessors, an auditor, a treasurer, a clerk, and an attorney. One person may be appointed to two or more such offices, except that the offices of municipal manager and auditor or assessor shall not be held by the same person. * * *”
The judgment is therefore affirmed.
For affirmance — Chief Justice Wmettraub and Justices Jacobs, Erancis, Proctor, Hall, Schettieto and Haete-MAET — 7.
For reversal — None.
Reference
- Full Case Name
- ANTHONY MARINI v. WILLIAM HOLSTER AND THE CITY OF CLIFTON, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS
- Cited By
- 1 case
- Status
- Published