George Ahto, Plaintiff-Appellant v. Charles Weaver and Herman Klein, Defendants-Respondents

Summary

The Supreme Court of New Jersey upheld the lower court's summary judgment, holding that the 1962 statute permitting dual elective offices is constitutional and immunizes Mr. Klein's two elected positions, and that the common law incompatibility doctrine does not bar Mr. Weaver from simultaneously serving as mayor and legal assistant because no conflict of duties exists. Justice Jacobs, dissenting, argued that the doctrine should bar Weaver's dual service.