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STATE v. COUNTY OF HUDSON

161 N.J. Super. 29 (1978)

390 A.2d 720

STATE OF NEW JERSEY, DEPARTMENT OF HUMAN SERVICES, DIVISION OF PUBLIC WELFARE, PLAINTIFF, v. COUNTY OF HUDSON, DEPARTMENT OF HEALTH AND SOCIAL SERVICES: BOARD OF CHOSEN FREEHOLDERS, COUNTY OF HUDSON: EDWARD CLARK, COUNTY EXECUTIVE; WILLIAM JONES, DIRECTOR, HUDSON COUNTY DEPARTMENT OF HEALTH AND SOCIAL SERVICES; JAMES YOUNG, CHIEF, DIVISION OF WELFARE, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, COUNCIL NO. 52, LOCAL 2306; MILTON FILKER, PRESIDENT, LOCAL 2306; MICHAEL LANNI, EXECUTIVE DIRECTOR, COUNCIL 52, RICHARD GOLLIN, VICE PRESIDENT, LOCAL 2306, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided June 15, 1978.

Attorney(s) appearing for the Case

Mr. Richard M. Hluchan, Deputy Attorney General, argued the cause for plaintiff (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Mr. Harold J. Ruvoldt, Jr., Hudson County Counsel, argued the cause for the County defendants (Mr. Charles M. Schimenti, Assistant Hudson County Counsel, on the brief).

Mr. Sanford R. Oxfeld argued the cause for the Union defendants (Messrs. Rothbard, Harris & Oxfeld, attorneys).

Introduction

KENTZ, J.S.C.

This case presents another chapter in the legal evolution of the Optional County Charter Law (Charter Law) enacted in 1972. L. 1972, c. 154, as amended by L. 1974, c. 141, and L. 1975, c. 84 (codified at N.J.S.A. 40:41A-1 to 144 (Supp. 1977-1978)). Only two years ago this court was presented with the question of whether a county could, pursuant to the Charter Law, abolish the autonomous...

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