BOROUGH OF GLASSBORO, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, TOWNSHIP OF GALLOWAY, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, TOWNSHIP OF WINSLOW, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, CITY OF CAMDEN, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, CITY OF NEWARK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND TOWNSHIP OF LITTLE FALLS, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFFS-RESPONDENTS,
v.
BRENDAN T. BYRNE, GOVERNOR OF THE STATE OF NEW JERSEY, RICHARD C. LEONE, TREASURER OF THE STATE OF NEW JERSEY, THE NEW JERSEY STATE SENATE, THE GENERAL ASSEMBLY OF THE STATE OF NEW JERSEY, RALPH A. DUNGAN, CHANCELLOR OF THE DEPARTMENT OF HIGHER EDUCATION OF THE STATE OF NEW JERSEY, THE DEPARTMENT OF HIGHER EDUCATION OF THE STATE OF NEW JERSEY, THE BOARD OF GOVERNORS OF RUTGERS, THE STATE UNIVERSITY, THE BOARD OF TRUSTEES OF RUTGERS, THE STATE UNIVERSITY, RUTGERS, THE STATE UNIVERSITY, THE STATE OF NEW JERSEY, THE TOWNSHIP OF EWING, A MUNICIPAL CORPORATION, CITY OF TRENTON, A MUNICIPAL CORPORATION, AND CITY OF NEW BRUNSWICK, A MUNICIPAL CORPORATION, DEFENDANTS-APPELLANTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued February 18, 1976.
Decided April 27, 1976.
Attorney(s) appearing for the Case
Mr. Herbert K. Glickman argued the cause for appellants Brendan T. Byrne, Richard C. Leone, New Jersey State Senate, General Assembly of the State of New Jersey, Ralph A. Dungan, Department of Higher Education of the State of New Jersey, and State of New Jersey (Mr. William F. Hyland, Attorney General, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. Richard M. Conley, Deputy Attorney General, on the brief).
Mr. Charles P. Allen, Jr., argued the cause for appellant Township of Ewing (Messrs. Dietrich, Allen & St. John, attorneys).
Mr. Michael L. Bitterman argued the cause for appellant City of Trenton (Mr. George T. Dougherty, City Attorney, attorney).
Mr. Gilbert L. Nelson, attorney for appellant City of New Brunswick (Mr. Robert W. Gluck on the brief).
A statement in lieu of brief was filed on behalf of appellants Board of Governors of Rutgers, Board of Trustees of Rutgers, and Rutgers, the State University by Mr. Robert S. Schulman (Messrs. Pitney, Hardin & Kipp, attorneys).
Mr. Joseph F. Lisa argued the cause for respondents and cross appellants Borough of Glassboro, Township of Winslow and Township of Galloway.
Mr. Martin F. McKernan, Jr., City Attorney, argued the cause for respondent City of Camden.
A statement in lieu of brief was filed on behalf of respondent City of Newark by Mr. Melvin Simon, Assistant Corporation Counsel.
A statement in lieu of brief was filed on behalf of respondent Township of Little Falls by Mr. James V. Segreto, Township Attorney.
Before Judges MATTHEWS, LORA and MORGAN.
Superior Court of New Jersey, Appellate Division.
PER CURIAM.
This is an appeal from a judgment of the Law Division in a proceeding in lieu of prerogative writs which, among other things, found three line items in the General Appropriations Act passed by the Legislature and signed by the Governor for the fiscal year 1974-1975 unconstitutional.
The facts are undisputed. The General Appropriations Act adopted by the Legislature and signed by the Governor for the fiscal year 1974-1975 contained the following...
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