Legal Opinion

Merlino v. Borough of Midland Park

Supreme Court of New Jersey

Decided March 27, 2002PublishedCited by 4 opinions

1Opinion of the Court

The opinion of the Court was delivered by

LaVECCHIA, J.

At issue in this appeal is the meaning of N.J.S.A. 52:27D-126(b), a statute governing the conferral of tenure on construction code officials. More particularly, we are called on to determine wheth*4er Anthony Merlino achieved tenure as the Code Official of the Borough of Midland Park when he served a second four-year term after a ten day break in service. We hold that he did not.

I

The case arose when Merlino filed a complaint in lieu of prerogative writs against officials of the Borough of Midland Park (collectively the governing body)…

2Cases cited21 opinions

  1. State v. ButlerSupreme Court of New Jersey · 1982
  2. Aeronautical Communications Equipment, Inc. v. PierceSupreme Court of the United States · 1963
  3. In Re Local 195, IFPTESupreme Court of New Jersey · 1982
  4. Sheeran v. Nationwide Mutual Insurance Company, Inc.Supreme Court of New Jersey · 1979
  5. Spiewak v. Rutherford Bd. of Ed.Supreme Court of New Jersey · 1982

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3Cited by4 opinions

  1. Stephanie Platia v. Board of Education of the Township of Hamilton, Mercer CountyNew Jersey Superior Court Appellate Division · 2014
  2. Maglies v. Estate of GuySupreme Court of New Jersey · 2007
  3. Maglies v. Estate of GuySupreme Court of New Jersey · 2007
  4. Merlino v. Borough of Midland ParkSupreme Court of New Jersey · 2002

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