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CLARK v. BYRNE

165 N.J. Super. 16 (1978)

397 A.2d 685

EDWARD F. CLARK, JR., COUNTY EXECUTIVE OF THE COUNTY OF HUDSON, JOSEPH J. SIMUNOVICH, ANNE H. O'MALLEY, ANGELO A. CIFELLI, GLENN D. CUNNINGHAM, VINCENT J. FUSILLI, SAMUEL D. KAYE, MORRIS T. LONGO, PETER M. MOCCO AND PETER J. SAMPELLA, INDIVIDUALLY AND AS MEMBERS OF THE BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF HUDSON, AND THE COUNTY OF HUDSON, PLAINTIFFS-APPELLANTS, v. BRENDAN T. BYRNE, GOVERNOR OF THE STATE OF NEW JERSEY, THE NEW JERSEY LEGISLATURE, AND JEREMIAH F. O'CONNOR, DIRECTOR OF THE BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF BERGEN, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 28, 1978.

Attorney(s) appearing for the Case

Mr. Charles M. Schimenti argued the cause for appellants (Mr. Harold Krieger, Hudson County Counsel, attorney; Ms. Kathleen M. Grant, Assistant County Counsel, on the brief).

Mr. Vincent P. Rigolosi, Bergen County Counsel, argued the cause for respondent Jeremiah F. O'Connor (Mr. Glen T. Leonard on the brief).

Mr. John J. Degnan, Attorney General of New Jersey, attorney for respondents Brendan T. Byrne and the New Jersey Legislature, submitted a brief (Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. Michael S. Bokar, Deputy Attorney General, on the brief).

Before Judges CONFORD, PRESSLER and KING.

PER CURIAM.

This appeal involves the constitutionality, from the standpoint of the restrictions on special legislation, of L. 1973, c. 271 (N.J.S.A. 2A:11-5.1, -5.2), as amended by L. 1977, c. 48.

The background of this legislation is found in a series of four orders issued by the late Chief Justice Weintraub between December 14, 1971 and April 10, 1972, calling for the transfer of 600 civil cases from the Superior and County...

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