Wagner v. Borough of Lodi

The opinion of the court was delivered by

Foley, J. A. D.

In this action in lieu of prerogative writ the Law Division set aside resolutions adopted by the borough council on April 28, 1958 which terminated the services of the plaintiff as borough attorney and appointed Di Maria in his stead. Defendants appeal. The basic question involved is whether plaintiff, an honorably discharged veteran, was protected from such action by the Veterans’ Tenure Act, N. J. 8. A. 38:16 — 1.

Wagner was appointed borough attorney by resolution of the council on November 22, 1955 at an “annual retainer” of $1,000…