Forester v. Palmer, 401 N.J. Super. 286 (App. Div. 2008). We successfully represented the City Council of the City of Trenton in its suit to oust the City’s Police Director for failing to comply with its residency ordinance. The Appellate Division affirmed the trial court’s decision that: (1) the Police Director Santiago’s failure to reside in the city violated the residency ordinance; (2) N.J.S.A. § 40A:9-11 required his immediate removal; and (3) a 1987 amendment to the ordinance, which added a provision for waiver of the residency requirement, was invalid and that it was severable from the preexisting residency ordinance. The Appellate Division further upheld the trial court’s determination that since the police director was no longer a city resident, he was required to vacate the position.
