Mara v. Township of Parsippany-Troy Hills

The opinion of the court was delivered by

Weintraub, J.

Plaintiff, superintendent of public works of defendant municipality, filed a complaint in lieu of prerogative writ wherein he attacked the appointment of defendant Ahlers as township engineer on the thesis that the appointment invaded plaintiff’s tenure under the civil service law. Plaintiff prevailed. On our own motion we certified defendants’ appeal while it was pending before the Appellate Division. Upon the review, defendants for the first time questioned plaintiff’s status under the civil service law and we remanded the cause to the…