HOLSTER v. BD. OF TRUSTEES OF PASSAIC CTY. COL.


114 N.J. Super. 228 (1971)

275 A.2d 762

WILLIAM HOLSTER, SUBSTITUTED PLAINTIFF, v. THE BOARD OF TRUSTEES OF THE PASSAIC COUNTY COLLEGE, ROBERT S. ZIMMER, THE BOARD OF SCHOOL ESTIMATE OF THE PASSAIC COUNTY COLLEGE, THE BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF PASSAIC, RALPH A. DUNGAN, JOSEPH M. McCRANE, JR. AND GEORGE F. KUGLER, JR., DEFENDANTS, AND CITY OF PATERSON, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-INTERVENOR.

Superior Court of New Jersey, Law Division.

Decided March 22, 1971.


Attorney(s) appearing for the Case

Mr. Arthur J. Sullivan, Jr. for plaintiff.

Mr. Victor Librizzi, Jr., Deputy Attorney General, for defendants George F. Kugler, Jr., Joseph M. McCrane, Jr. and Ralph A. Dungan (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney).


GORDON H. BROWN, J.S.C.

By the amended complaint substituted plaintiff William Holster alleges that chapter 12 of the Laws of 1971, approved and effective on January 28, 1971, violates Art. VIII, § II, par. 3 of our 1947 State Constitution which provides in pertinent part:

The Legislature shall not, in any manner, create in any fiscal year a debt or debts, liability or liabilities of the State, which together with any previous debts or liabilities...

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