CLARK v. DEGNAN


163 N.J. Super. 344 (1978)

394 A.2d 914

EDWARD F. CLARK, JR., COUNTY EXECUTIVE OF THE COUNTY OF HUDSON, WILLIAM F. PEARL, JR., COMPTROLLER OF THE COUNTY OF HUDSON, THE BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF HUDSON AND THE COUNTY OF HUDSON, PLAINTIFFS, AND COUNTY OF UNION, COUNTY OF BERGEN, COUNTY OF BURLINGTON, COUNTY OF CAMDEN, COUNTY OF CUMBERLAND, COUNTY OF ESSEX, COUNTY OF HUNTERDON, COUNTY OF MERCER, COUNTY OF MONMOUTH, COUNTY OF MORRIS, COUNTY OF OCEAN, COUNTY OF PASSAIC, COUNTY OF SALEM, COUNTY OF SOMERSET, AND COUNTY OF SUSSEX, PLAINTIFFS-INTERVENORS, v. JOHN J. DEGNAN, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, JOHN F. LAEZZA, JR., DIRECTOR OF THE DIVISION OF LOCAL GOVERNMENT IN THE STATE OF NEW JERSEY, THE LOCAL GOVERNMENT BOARD IN THE DIVISION OF LOCAL GOVERNMENT IN THE STATE OF NEW JERSEY, ANN KLEIN, COMMISSIONER OF THE DEPARTMENT OF HUMAN SERVICES IN THE STATE OF NEW JERSEY, ARTHUR J. SIMPSON, ADMINISTRATIVE DIRECTOR OF THE COURTS IN THE STATE OF NEW JERSEY AND GORI CARFORA, COURT ADMINISTRATOR FOR THE COUNTY OF HUDSON, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided October 17, 1978.


Attorney(s) appearing for the Case

Mr. Charles M. Schimenti, argued the cause for plaintiffs (Mr. Harold Krieger, Hudson County Counsel, attorney; Mr. Frank T. Koserowski, Assistant County Counsel, on the brief).

Mr. William J. McCloud, County Counsel, argued the cause for plaintiff-intervenor County of Union and certain other plaintiffs-intervenors.

Mr. Glenn T. Leonard, Assistant County Counsel, argued the cause for plaintiff-intervenor County of Bergen (Mr. Vincent P. Rigolosi, County Counsel, attorney).

Mr. William E. Ozzard, County Counsel, argued the cause for plaintiff-intervenor Somerset County.

Mr. Alfred J. Villoresi, Assistant County Counsel, argued the cause for plaintiff-intervenor Morris County (Mr. Armand D. Agostino, County Counsel, attorney).

Mr. Theodore W. Daunno, Assistant County Counsel, appeared for plaintiff-intervenor Essex County (Mr. Peter G. Stewart, County Counsel, attorney).

Mr. Robert Budesa, Assistant County Counsel, appeared for plaintiff-intervenor Ocean County (Mr. Franklin Berry, Jr., County Counsel, attorney).

Mr. M. Jefferson Davis, Burlington County Solicitor, for plaintiff-intervenor Burlington County.

Mr. John A. Yacovelle, County Counsel, for plaintiff-intervenor Camden County.

Mr. Ivan M. Sherman, Cumberland County Solicitor, for plaintiff-intervenor Cumberland County.

Mr. Edwin K. Large, Jr., County Counsel, for plaintiff-intervenor Hunterdon County.

Mr. Richard W. Raines, Assistant County Counsel, for plaintiff-intervenor Mercer County (Mr. Harvey L. Stern, County Counsel, attorney).

Mr. Richard O'Connor, County Counsel, for plaintiff-intervenor Monmouth County.

Mr. Martin Verp, County Counsel, for plaintiff-intervenor Passaic County.

Mr. George S. Friedman, County Counsel, for plaintiff-intervenor Salem County.

Mr. Donald L. Kovach, County Counsel, for plaintiff-intervenor Sussex County.

Mr. Benjamin D. Lambert, Jr., Deputy Attorney General, argued the cause for defendants (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. Benjamin D. Lambert, Jr. and Mr. Daniel P. Reynolds, Deputy Attorneys General, on the brief).


PETRELLA, J.S.C.

This action was instituted by filing of a verified complaint and issuance of an order to show cause on February 15, 1978 on application of Hudson County for certain declaratory and injunctive relief as a result of enactment of "An Act to place limits on expenditures by counties and municipalities and supplementing Title 40A of the New Jersey Statutes," L. 1976, c. 68, effective August 18, 1976, as amended by L. 1977, c.

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