TOWNSHIP COMMITEE OF NEPTUNE v. Stagg

711 A.2d 940, 312 N.J. Super. 312
CourtNew Jersey Superior Court Appellate Division
DecidedJune 4, 1998
StatusPublished
Cited by2 cases

This text of 711 A.2d 940 (TOWNSHIP COMMITEE OF NEPTUNE v. Stagg) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
TOWNSHIP COMMITEE OF NEPTUNE v. Stagg, 711 A.2d 940, 312 N.J. Super. 312 (N.J. Ct. App. 1998).

Opinion

711 A.2d 940 (1998)
312 N.J. Super. 312

TOWNSHIP COMMITTEE OF THE TOWNSHIP OF NEPTUNE and Patricia A. Monroe, Mayor of Township of Neptune, Plaintiffs-Appellants,
v.
Peter STAGG, Defendant-Respondent.
TOWNSHIP OF NEPTUNE SEWERAGE AUTHORITY, Plaintiff-Respondent,
v.
TOWNSHIP COMMITTEE OF THE TOWNSHIP OF NEPTUNE and Patricia A. Monroe, Mayor of the Township of Neptune, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Argued May 28, 1998.
Decided June 4, 1998.

Daniel P. Jacobson, Neptune, for plaintiffs-appellants, Township Committee of the Township of Neptune and Patricia A. Monroe, Mayor of the Township of Neptune.

William J. O'Hagan, Jr., Neptune, for plaintiff-respondent, Township of Neptune Sewerage Authority (Stout & O'Hagan, attorneys; Mr. O'Hagan, of counsel; Laurence I. Rothstein, on the brief).

James J. McGann, Ocean Grove, for defendant-respondent, Peter Stagg.

*941 Before Judges SHEBELL, D'ANNUNZIO and COBURN.

The opinion of the court was delivered by

SHEBELL, P.J.A.D.

On May 15, 1997, the Township Committee of the Township of Neptune and Patricia A. Monroe, Mayor of the Township of Neptune (Neptune), filed a verified complaint in lieu of prerogative writ against defendant, Peter Stagg (Stagg), seeking judgment against Stagg declaring his continued membership on the Township of Neptune Sewerage Authority (Authority) to be illegal and ordering him to relinquish his seat. On May 20, 1997, the judge signed an Order to Show Cause as to why the relief sought by plaintiffs should not be granted.

On June 6, 1997, the Authority filed a verified complaint against plaintiffs in the first action demanding judgment declaring that residency is not a prerequisite for Stagg's continued employment. On the same date, the judge signed an Order to Show Cause setting a hearing date as to why the relief sought by the Authority should not be granted. On June 19, 1997, the judge signed an order consolidating the two actions.

On June 23, 1997, Florence R. Peskoe, J.S.C., granted the relief sought by the Authority, and on June 26, 1997, she issued a letter opinion setting forth her reasons. This appeal followed on July 24, 1997. We affirm.

The Authority was created by the Township Committee pursuant to the Sewerage Authorities Law, N.J.S.A. 40:14A-1 to 37. On January 17, 1995, Stagg was appointed to the Authority for a five (5) year term expiring on February 1, 2000. At the time of his appointment, he was a resident of Neptune. However, during the course of his appointment, Stagg relocated to nearby Wall Township.

In a letter dated April 17, 1997, Neptune's Attorney requested confirmation that Stagg had become a resident of Wall Township and inquired if Stagg was resigning his position. The Authority's attorney confirmed that Stagg was no longer a resident of Neptune, but stated that Stagg had no intention of resigning.

The judge, in her letter opinion granting the Authority relief, held that the Legislature chose not to include a residency requirement in N.J.S.A. 40:14A-4(a)-(c) and, therefore, the court had no basis to read one into the statute. The judge concluded that "[s]ince no other statute or ordinance dealing with sewerage authority membership qualifications addresses the residency issue, the court must declare that residency in Neptune is not a prerequisite for Peter Stagg to continue as a member of the Authority."

Neptune argues that the court erred in granting the relief sought by the Authority, because Stagg, as a non-resident, is illegally serving as a member of Neptune's Authority. The Authority argues that while the statute may be silent on the issue of residency, such a requirement must be read into the statute.

The construction of any statute begins with consideration of its plain language. Board of Educ. of Neptune Township v. Neptune Township Educ. Assoc., 144 N.J. 16, 25, 675 A.2d 611 (1996) (citing Merin v. Maglaki, 126 N.J. 430, 434, 599 A.2d 1256 (1992)); State v. Sutton, 132 N.J. 471, 479, 625 A.2d 1132 (1993). A statute should be given its plain meaning if it is "clear and unambiguous on its face and admits of only one interpretation." Board of Educ. of Neptune Township, supra, 144 N.J. at 25, 675 A.2d 611 (quoting State v. Butler, 89 N.J. 220, 226, 445 A.2d 399 (1982)). A statute's meaning should be sought in the language in which it is framed, and if that is plain, the sole function of the courts is to enforce it according to its terms. Manzo v. Shawmut Bank, N.A., 291 N.J.Super. 194, 206, 677 A.2d 224 (App.Div.1996) (quoting Sheeran v. Nationwide Mutual Ins. Co., 80 N.J. 548, 556, 404 A.2d 625 (1979)). However, if a literal reading of the statute does not lead to a sensible result, then such a reading should be rejected. Id. at 206, 677 A.2d 224 (citing Schierstead v. Brigantine, 29 N.J. 220, 231, 148 A.2d 591 (1959)).

N.J.S.A. 40:14A-4(b) provides:

The governing body of any municipality may, by ordinance duly adopted, create public body corporate and politic under the name and style of "the ... sewerage authority," with all or any significant part of *942 the name of such municipality inserted. A sewerage authority created pursuant to this section by a municipality other than a city of the first class shall consist of five members and a sewerage authority created pursuant to this section by a municipality which is a city of the first class shall consist of five or seven members, as determined by the governing body. Members of the sewerage authority shall be appointed by resolution of the governing body as hereinafter in this section provided, and the authority shall constitute the sewerage authority contemplated and provided for in this act and an agency and instrumentality of said municipality. After the taking effect of such ordinance and the filing of a certified copy thereof as in subsection (d) of this section provided, the members of the sewerage authority shall be appointed... In the event of a vacancy in the membership of the sewerage authority occurring during an unexpired term of office, a person shall be appointed as a member of the sewerage authority to serve for such unexpired term....

Since this section does not contain a residency requirement, the Authority argues that the Legislature intended that there should not be one. Additionally, the Sewerage Authority law does not provide a basis to remove a member because of residency. N.J.S.A. 40:14A-5(c) provides:

A member of a sewerage authority may be removed only by the governing body by which he was appointed and only for inefficiency or neglect of duty or misconduct in office and after he shall have been given a copy of the charges against him and, not sooner than ten days thereafter, had opportunity in person or by counsel to be heard thereon by such governing body.

As this provision indicates, an Authority member can be removed only for inefficiency or neglect of duty or misconduct. Lack of residency is not mentioned as a ground for removal.

In contrast to N.J.S.A. 40:14A-4(a)-(c), two other sections of the Sewerage Authority Law contain residency requirements. N.J.S.A. 40:14A-4(l) provides:

(l

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Cite This Page — Counsel Stack

Bluebook (online)
711 A.2d 940, 312 N.J. Super. 312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/township-commitee-of-neptune-v-stagg-njsuperctappdiv-1998.