CITY OF ATLANTIC v. LAEZZA


80 N.J. 255 (1979)

403 A.2d 465

CITY OF ATLANTIC CITY, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, POLICEMEN'S BENEVOLENT ASSOCIATION LOCAL #24; INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL #198; AND TEAMSTERS LOCAL #331, PLAINTIFFS-RESPONDENTS, v. JOHN F. LAEZZA, DIRECTOR, DIVISION OF LOCAL GOVERNMENT SERVICES, AND THE LOCAL FINANCE BOARD, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided June 12, 1979.


Attorney(s) appearing for the Case

Mr. Stephen Skillman, Assistant Attorney General, argued the cause for appellants (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. Skillman, of counsel; Mr. Daniel P. Reynolds, Deputy Attorney General, on the brief).

Mr. Emanuel L. Levin argued the cause for respondent City of Atlantic City (Mr. Levin; attorney; Mr. Matthew H. Powals, Assistant City Solicitor, on the brief).

Mr. John M. Donnelly argued the cause for respondent International Association of Fire Fighters Local #198 (Messrs. Sterns, Herbert & Weinroth, attorneys).

A joint brief was submitted on behalf of amici curiae County of Hudson and League of Municipalities and New Jersey Institute of Municipal Attorneys (Mr. Harold Krieger, Hudson County Counsel, attorney; Mr. Francis X. Hayes, attorney for New Jersey League of Municipalities and New Jersey Institute of Municipal Attorneys; Mr. Hayes, of counsel and on the brief for County of Hudson; Mr. J. Albert Mastro of counsel for New Jersey Institute of Municipal Attorneys).

A brief was submitted on behalf of amicus curiae Edgewater PBA and Fort Lee PBA (Messrs. Osterweil, Wind & Loccke, attorneys; Mr. Alfred G. Osterweil, of counsel and on the brief).

A brief was submitted on behalf of amicus curiae Firemen's Mutual Benevolent Association Local #14. (Messrs. Rinaldo & Rinaldo, attorneys; Mr. Anthony D. Rinaldo, Jr., of counsel and on the brief).


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

As in New Jersey State Policemen's Benevolent Ass'n, Local 29 v. Town of Irvington, 80 N.J. 271 (1979) (Irvington PBA), decided this day, we are here called upon to determine whether the costs incurred by a municipality in funding particular arbitral awards must be taken into account when determining whether the municipality's total budgetary appropriations have exceeded the...

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