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ESSEX COUNTY BOARD OF TAXATION v. NEWARK

73 N.J. 69 (1977)

372 A.2d 607

ESSEX COUNTY BOARD OF TAXATION, PLAINTIFF-RESPONDENT, v. CITY OF NEWARK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, KENNETH A. GIBSON, MAYOR OF NEWARK, EARL HARRIS, MICHAEL BOTTONE, ANTHONY GUILIANO, MARIE VILLANI, JAMES ALLEN, ANTHONY CARRINO, SHARPE JAMES, HENRY MARTINEZ, DONALD TUCKER, INDIVIDUALLY AND AS MEMBERS OF THE MUNICIPAL COUNCIL OF NEWARK, JOHN GREXA, FINANCE DIRECTOR OF NEWARK, FRANK D'ASCENSIO, CITY CLERK OF NEWARK, AND JOSEPH FRISINA, TAX ASSESSOR OF NEWARK, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided March 31, 1977.

Attorney(s) appearing for the Case

Mr. Milton A. Buck argued the cause for appellants City of Newark, Kenneth A. Gibson, Earl Harris, Michael Bottone, Anthony Guiliano, Marie Villani, James Allen, Anthony Carrino, Sharpe James, John Grexa, Frank D'Ascensio and Joseph Frisina (Mr. Melvin Simon on the brief).

Mr. Robert T. Pickett argued the cause for appellant Donald Tucker (Messrs. Pickett & Jennings, attorneys; Mr. Pickett and Mr. Reginald A. Jennings, on the brief).

Mr. Edward G. D'Alessandro argued the cause for appellant Henry Martinez (Messrs. Friedman & D'Alessandro, attorneys; Mr. D'Alessandro and Mr. Paul J. Hirsh on the brief).

Mr. Harry Haushalter, Deputy Attorney General, argued the cause for respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

PER CURIAM.

This is an appeal by the City of Newark, its mayor, the members of its council and certain of its fiscal officers from an order and judgment of the Superior Court, Law Division, for the civil commitment of five of the councilmen in aid of litigants' rights pursuant to R. 1:10-5. The determination was based upon the refusal of the named councilmen to comply with an order of the court dated April 1, 1976 directing the city and its appropriate officials...

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