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Geraghty v. Township of Berkeley Heights

New Jersey Superior Court, Appellate Division


Decided: June 10, 1992.

THOMAS J. GERAGHTY, JR., PLAINTIFF-APPELLANT AND CROSS-RESPONDENT,
v.
THE TOWNSHIP OF BERKELEY HEIGHTS, JEFFREY W. MACCARELLI, DANIEL W. SEIB, JR., LILLIAN J. WEISGERBER AND ALBERT J. BOYANCE, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS

On appeal from the Superior Court, Law Division, Union County.

Gaulkin, Brody and Muir, Jr.

Per Curiam

[259 NJSuper Page 327]

Substantially for the reasons expressed by Judge Beglin in his opinion reported at 259 N.J. Super. 350, 613 A.2d 497 (Law Div.1990), we affirm his rulings that (1) plaintiff Thomas J. Geraghty, Jr. had achieved tenure as Township treasurer prior to September 2, 1988, (2) the Township nevertheless could lawfully combine the office of treasurer with that of tax collector for bona fide reasons of efficiency and economy and (3) defendant was entitled to a plenary hearing to determine the propriety of the municipal action merging the two offices.

At the Conclusion of the hearing thus ordered, Judge Beglin found that Geraghty's termination and the merger of the treasurer and tax collector offices "were all done in furtherance of legitimate governmental policy and procedure . . . to achieve greater efficiency . . . and, secondarily, to achieve some economy." Those findings are amply supported by the record; there

[259 NJSuper Page 328]

is no warrant for our interference. Rova Farms Resort, Inc. v. Investors Ins. Co., 65 N.J. 474, 483-484, 323 A.2d 495 (1974).

The judgment dismissing the complaint is accordingly affirmed.

Disposition

The judgment dismissing the complaint is accordingly affirmed.

19920610


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