Wagner v. Borough of Lodi

In Wagner v. Borough of Lodi, 56 N.J. Super. 204, 210-11, 152 A.2d 389 (App.Div.), certif. denied, 30 N.J. 599, 154 A.2d 672 (1959), the Court held that since the office of the borough attorney and the salary or compensation to be paid to the holder thereof required enactment by ordinance, in the absence of such ordinance the office was non-existent. In that case, the plaintiff purportedly had been appointed by a resolution passed in 1955, and then dismissed by another resolution in 1958. Id. at 206, 152 A.2d 389. There was, thus, no position to which the plaintiff could claim tenure rights. Id. at 212, 152 A.2d 389.