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WITT v. GLOUCESTER COUNTY BOARD OF CHOSEN FREEHOLDERS

94 N.J. 422 (1983)

466 A.2d 574

FRANCIS A. WITT, PLAINTIFF-RESPONDENT, v. GLOUCESTER COUNTY BOARD OF CHOSEN FREEHOLDERS, DEFENDANT-RESPONDENT, AND SHIRLEY ROGERS, ROBERT BUTLER, JOHN BURZICHELLI AND JOHN HUNT, DEFENDANTS-COUNTERCLAIMANTS AND THIRD PARTY PLAINTIFFS-APPELLANTS, v. GLOUCESTER COUNTY UTILITIES AUTHORITY, A BODY POLITIC OF THE STATE OF NEW JERSEY, THIRD PARTY DEFENDANT.

The Supreme Court of New Jersey.

Reargued April 19, 1983.

Decided October 6, 1983.

Attorney(s) appearing for the Case

John T. McNeill argued the cause for appellants (Moss, Thatcher, Moss, McNeill & Ferreri, attorneys); Eugene J. McCaffrey, Jr., on the brief.

Harold L. Crass argued the cause for respondent Francis A. Witt (Herman, Pearson & Crass, attorneys).

Andrew Weber, Assistant County Counsel, argued the cause for respondent Gloucester County Board of Chosen Freeholders (Russell E. Paul, Gloucester County Counsel, attorney).

Mary C. Jacobson, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).

Frederick G. Stickel, III, argued the cause for amicus curiae New Jersey Institute of Municipal Attorneys (Frederick G. Stickel, III, attorney; Frank Scangarella, on the letter-brief).

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

The primary issue concerns the effect of the Open Public Meetings Act, N.J.S.A. 10:4-6 to -21, on two resolutions adopted by the Gloucester County Board of Freeholders (the Board) on December 2, 1981. One resolution increased the membership of the Gloucester County Utilities Authority (the Authority) from five to nine members, and the other resolution appointed the...

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