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MARKERT v. BYRNE

154 N.J. Super. 410 (1977)

381 A.2d 806

JOHN W. MARKERT ET AL., PLAINTIFFS-RESPONDENTS, v. BRENDAN T. BYRNE, GOVERNOR OF THE STATE OF NEW JERSEY, ET AL., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 8, 1977.

Attorney(s) appearing for the Case

Mr. John H. Dorsey argued the cause for respondents (Messrs. Young, Dorsey & Fisher, attorneys).

Mr. Steven A. Tasher argued the cause for appellants (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Ms. Erminie Conley and Messrs. Benjamin Lambert and Paul Watter, Deputy Attorneys General, on the brief).

Before Judges CONFORD, MICHELS and PRESSLER.

PER CURIAM.

Plaintiffs are members of the Legislature and municipal officials who brought an action for declaratory relief in the Law Division. Their object is to secure an adjudication of the unconstitutionality of Executive Order No. 35, promulgated by Governor Byrne April 2, 1976 and Executive Order No. 46, promulgated by him December 8, 1976. The gravamen of the attack is that these orders impermissibly regulate zoning — a subject matter exclusively for...

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