VIRGINIA M. McKENNEY, HENRY W. KURZ, PETER SHAW, EACH INDIVIDUALLY, AND CITY OF TRENTON, TOWNSHIP OF LAWRENCE, CITY OF SALEM AND BOROUGH OF WOODBINE, MUNICIPAL CORPORATIONS OF THE STATE OF NEW JERSEY, PLAINTIFFS-APPELLANTS,
v.
BRENDAN BYRNE, GOVERNOR OF NEW JERSEY; RICHARD C. LEONE, STATE TREASURER; SIDNEY GLASER, DIRECTOR OF THE DIVISION OF TAXATION; PATRICIA Q. SHEEHAN, COMMISSIONER OF THE DEPARTMENT OF COMMUNITY AFFAIRS; JOHN F. LAEZZA, DIRECTOR OF THE DIVISION OF LOCAL GOVERNMENT SERVICES, EACH IN HIS OFFICIAL CAPACITY, AND TOWNSHIP OF EAST HANOVER, TOWNSHIP OF BRANCHBURG, BOROUGH OF SAYREVILLE, CITY OF LINDEN, TOWNSHIP OF LOWER ALLOWAYS CREEK, TOWN OF KEARNY, TOWNSHIP OF LEBANON, TOWNSHIP OF BLAIRSTOWN, BOROUGH OF RIDGEFIELD, TOWNSHIP OF HOLLAND, TOWNSHIP OF HAMILTON, CITY OF JERSEY CITY, TOWNSHIP OF LACEY, TOWNSHIP OF WOODBRIDGE, CITY OF BURLINGTON, BOROUGH OF WALDWICK, TOWNSHIP OF WINSLOW AND CITY OF SOUTH AMBOY, MUNICIPAL CORPORATIONS OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued November 26, 1979.
Decided March 10, 1980.
Attorney(s) appearing for the Case
I. Leo Motiuk argued the cause for appellants (Schaff, Motiuk & Hornby, attorneys; Richard M. Conley, of counsel and on the brief).
Harry Haushalter, Deputy Attorney General, argued the cause for respondents, Brendan Byrne, Governor of New Jersey, et al. (John J. Degnan, Attorney General of New Jersey, attorney; Stephen Skillman, Assistant Attorney General, of counsel).
William E. Andersen argued the cause for respondent Township of Branchburg (Woolson, Guterl, Sutphen & Anderson, attorneys; William E. Andersen and Mark S. Anderson, on the brief).
Charles V. O'Connell appeared on behalf of the Township of Blairstown.
Joseph R. Mariniello appeared on behalf of the Borough of Ridgefield.
Richard Dieterly appeared on behalf of the Township of Holland (Gebhardt & Kiefer, attorneys).
Garrett M. Heher appeared on behalf of the Township of Lower Alloways Creek (Smith, Stratton, Wise & Heher, attorneys).
Alan J. Karcher appeared on behalf of the Borough of Sayreville (Karcher, Reavey & Karcher, attorneys).
Samuel V. Convery, Jr. appeared on behalf of the City of South Amboy (Convery & Convery, attorneys; James B. Convery, on the brief).
Arthur W. Burgess, Director of Law, appeared on behalf of the Township of Woodbridge (Arthur W. Burgess, attorney; Paul E. Strapp, on the brief).
Wesley L. Lance appeared on behalf of the Township of Lebanon.
David C. Paterson submitted a letter in lieu of a brief on behalf of the Township of Winslow (Maressa & Wade, attorneys).
W. Cary Edwards, Jr. submitted a letter in lieu of a brief on behalf of the Township of East Hanover (Edwards & Gullo, attorneys).
Jerome Krueger, City Attorney, submitted a letter in lieu of a brief on behalf of the City of Linden.
Norman A. Doyle, Jr. submitted a letter in lieu of a brief on behalf of the Town of Kearny (Doyle & Brady, attorneys).
Renee C. Ricciardelli, Township Attorney, submitted a letter in lieu of a brief on behalf of the Township of Hamilton.
No appearance was made on behalf of respondents City of Burlington, City of Jersey City, Township of Lacey and Borough of Waldwick.
The Supreme Court of New Jersey.
The opinion of the Court was delivered by SCHREIBER, J.
Virginia McKenney, Henry Kurz and Peter Shaw filed a complaint in lieu of prerogative writ attacking the constitutionality of N.J.S.A. 54:30A-61 apportioning to municipalities proceeds of a tax imposed on gross receipts of certain public utilities.1 The named defendants are the Governor, State Treasurer, Director of the Division of Taxation, Commissioner of the Department of...
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