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CLARK v. DEGNAN

83 N.J. 393 (1980)

416 A.2d 816

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-APPELLANTS, 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-APPELLANTS, 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-CROSS-APPELLANTS.

The Supreme Court of New Jersey.

Decided July 3, 1980.

Attorney(s) appearing for the Case

Francis P. Morley, Hudson County Counsel, argued the cause for plaintiffs-appellants (Francis P. Morley, Hudson County Counsel, attorney; Frank T. Koserowski, Assistant Hudson County Counsel and William J. McCloud, Union County Counsel, on the brief).

David Ben-Asher, Essex County Counsel, argued the cause for plaintiffs-intervenors-appellants.

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

The opinion of the Court was delivered by SCHREIBER, J.

The question raised in this action is whether state-mandated expenditures by the County of Hudson for public welfare assistance, maintenance of county patients in state institutions, and operation of the court system cannot either individually or in total exceed the prior year's payments by more than the 5% limit of the county "Cap" statute ("Cap Law"), N.J.S.A. 40A:4-45.2 and -45.4. That law generally...

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