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Brown v. Healey

Decided: September 28, 1962.

RALPH Y. BROWN, PLAINTIFF,
v.
JOSEPH M. HEALEY, DEFENDANT



Artaserse, J.s.c.

Artaserse

This is a suit in lieu of prerogative writs instituted by the plaintiff, a resident and taxpayer of New Jersey, against the defendant who is the mayor of Kearny and also the purchasing agent of the County of Hudson. Both sides have made motions for summary judgment.

The plaintiff contends that the duties of the office of mayor of Kearny and those of the office of purchasing agent of the county are incompatible and inconsistent and cannot be executed by the same person, and that the office of purchasing agent is subordinate to the office of mayor. Judgment is demanded that the office of purchasing agent be declared vacant unless the defendant shall file with the court a written statement that he elects to retain the office of purchasing agent, in which event the judgment shall declare vacant the office of mayor.

The parties have stipulated the facts:

1. Plaintiff, Ralph Y. Brown, is a resident and taxpayer of Kearny, New Jersey.

2. Defendant, Joseph M. Healey, was re-elected mayor of Kearny in November 1961 and assumed that office on January 1, 1962, and he continues to occupy that office.

3. Defendant Healey was elected and appointed the purchasing agent of the County of Hudson by the board of chosen freeholders on May 11, 1961, and he continues to occupy that office.

4. Both plaintiff and defendant agree that in determining the nature, rights, duties and obligations connected with or flowing out of the office of mayor, this court may consider, but without limitation thereto, the following statutes: N.J.S. 40A:5-16, 40A:5-17; N.J.S.A. 40:50-1.

5. Both plaintiff and defendant agree that in determining the nature, rights, duties and obligations connected with or flowing out of the office of purchasing agent, this court may consider, but without limitation thereto, the following statutes: N.J.S. 40A:5-16; R.S. 40:21-21, 40:25-2.

6. The County of Hudson and the Town of Kearny are authorized and empowered to contract with each other in many areas, including:

R.S. 27:16-70, 40:9A-1, 40:12-9, 40:13-1, 40:23-14, 40:23-19, 40:30-21, 40:32-5, 40:48-18, 40:56-17, 40:56-50, 40:67-25.

7. The court may consider the interrogatories served upon the plaintiff by the defendant and the ...


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