Adams v. Goldner

The opinion oí the court was delivered by

Sullivan, J.

This appeal involves the validity of the promotion appointment of defendant John Goldner to the position of police sergeant in the Union City Police Department. Plaintiff Donald Adams, a resident, citizen and taxpayer of the City of Union City, filed the instant suit challenging Goldner’s appointment on the ground that, at the time it was made, no vacancy existed in the position. The facts are not disputed.

The Union City ordinance establishing a police department provides, inter alia, for a complement of 16 sergeants. Prior to June 1976,…