Roe v. Borough of Upper Saddle River

The opinion of the court was delivered by

CONLEY, J.A.D.

Plaintiffs appeal a final judgment entered July 8, 1999, dismissing their complaint seeking reinstatement to their abolished municipal positions pursuant to N.J.S.A. 40A:14-64 and 65 based upon their status as “tenured exempt firemen.” We affirm.

Plaintiff Raymond R. Roe possesses a “Certificate of Exemption” as a result of his service as a firefighter with the Mahwah Fire Department from August 1971 to December 1978. Plaintiff Harry D. Hansen, similarly, possesses a “Certificate of Exemption” as a result of his service as a firefighter…