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VREELAND v. BYRNE

72 N.J. 292 (1977)

370 A.2d 825

JAMES P. VREELAND, JR., ET AL., PLAINTIFFS-RESPONDENTS, v. HON. BRENDAN T. BYRNE, GOVERNOR OF NEW JERSEY, ET AL., DEFENDANTS-APPELLANTS. MORRIS COUNTY TAXPAYERS ASSOCIATION, ET AL., PLAINTIFFS-RESPONDENTS, v. STEPHEN B. WILEY, DEFENDANT, AND BRENDAN T. BYRNE, GOVERNOR OF THE STATE OF NEW JERSEY, ET AL., DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided February 11, 1977.

Attorney(s) appearing for the Case

Mr. Stephen Skillman, Assistant Attorney General, argued the cause for appellants (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Skillman of counsel and on the brief).

Mr. John P. Sheridan, Jr., argued the cause for respondents, James P. Vreeland, Jr., et al.

Mr. Ralph Fucetola, III, argued the cause for respondents, Morris County Taxpayers Association, et al.

The opinion of the court was delivered by MOUNTAIN, J.

This appeal presents the question of the constitutionality of the nomination of Stephen B. Wiley to the office of Associate Justice of the Supreme Court of New Jersey. The trial judge ruled that the nomination was unconstitutional as being in violation of N.J. Const., Art. 4, § 5, ¶ 1, which reads as follows:

No member of the Senate or General Assembly, during the term for which he shall have...

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