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Allgaier v. Township of Woodbridge

Decided: February 7, 1949.

WILLIAM ALLGAIER, PLAINTIFF
v.
TOWNSHIP OF WOODBRIDGE, DEFENDANT



Civil action.

Smalley, J.s.c.

Smalley

This suit is instituted by the plaintiff pursuant to Rule 3:81 of the Rules Governing Civil Practice.

It is a civil action brought in lieu of a prerogative writ in which the plaintiff seeks judgment "reinstating him to the office of Building Inspector" of the defendant, Township of Woodbridge.

The necessary pleadings have been filed, the parties are at issue and thereafter the matter was submitted on an agreed state of facts.

It was further stipulated by the parties that the action should be tried without a jury.

The agreed state of facts discloses that the defendant Township on June 17, 1935 adopted a building code, which code (article 3, section 1) provides for the appointment of a building inspector whose appointment "shall continue during good behavior and satisfactory service. He shall not be removed from office except for cause after full opportunity has been given him to be heard on specific charges".

The plaintiff was appointed building inspector under the provisions of the aforementioned building code of the defendant Township, by resolution on June 17, 1935, effective July 1, 1935 at a salary of $2400. per year.

The pertinent part of the resolution being as follows:

"Whereas, by Section 1 of Article 3 of said ordinance the office of building inspector is created and to be appointed by the Township Committee for an indefinite period and during good behavior and satisfactory service;

"NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Woodbridge that William A. Allgaier be and he is hereby appointed Building Inspector in accordance with the provisions of the ordinance entitled 'AN ORDINANCE providing for fire limits, the construction and equipment of buildings and other structures and for other purposes' and said building inspector shall not be removed from

office during good behavior and satisfactory service and except for cause after full opportunity has been given him to be heard on specific charges, and be it further

"RESOLVED that the salary of the building inspector be fixed at $2400. per annum payable in semi-monthly ...


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