MT. LAUREL TP. v. DEPT. OF PUBLIC ADVOCATE OF N.J.


83 N.J. 522 (1980)

416 A.2d 886

TOWNSHIP OF MOUNT LAUREL, A MUNICIPAL CORPORATION; EDWIN MCCOY AND ANNE W. BALIKOV, PLAINTIFFS-APPELLANTS, v. DEPARTMENT OF THE PUBLIC ADVOCATE OF THE STATE OF NEW JERSEY AND STANLEY C. VAN NESS, IN HIS INDIVIDUAL CAPACITY AS WELL AS IN HIS CAPACITY AS THE PUBLIC ADVOCATE, DEFENDANTS-RESPONDENTS. TOWNSHIP OF MOUNT LAUREL, A MUNICIPAL CORPORATION, PLAINTIFF-APPELLANT, v. DEPARTMENT OF THE PUBLIC ADVOCATE OF THE STATE OF NEW JERSEY; STANLEY C. VAN NESS, IN HIS INDIVIDUAL CAPACITY AS WELL AS HIS CAPACITY AS THE PUBLIC ADVOCATE, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 21, 1980.


Attorney(s) appearing for the Case

John E. Patton argued the cause for appellants (Gaccione, Pomaco, Patton & Beck, attorneys).

Arthur Penn, Asst. Commissioner, argued the cause for respondents (Stanley C. Van Ness, Public Advocate of New Jersey, attorney).


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

This appeal challenges the constitutionality of the "Department of the Public Advocate Act of 1974," N.J.S.A. 52:27E-1 to -47. Plaintiffs, a township and two of its resident taxpayers, assert two constitutional infirmities in the statute: (1) the discretionary authority delegated to the Public Advocate is so broad as to violate the separation of powers provision...

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