BD. OF CHOSEN FREEHOLDERS v. SZAFERMAN


117 N.J. 94 (1989)

563 A.2d 1132

THE BOARD OF CHOSEN FREEHOLDERS OF MERCER COUNTY, PLAINTIFF-RESPONDENT, AND CITIZENS AUTO REVOLT, PLAINTIFF-INTERVENOR-RESPONDENT, v. BARRY SZAFERMAN, COUNTY COUNSEL OF MERCER COUNTY AND DIRECTOR OF THE DEPARTMENT OF LAW OF MERCER COUNTY, DEFENDANT-RESPONDENT, AND AMERICAN INSURANCE ASSOCIATION; NATIONAL ASSOCIATION OF INDEPENDENT INSURERS; INDEPENDENT INSURANCE AGENTS OF NEW JERSEY, INC., AND CHARLES S. STULTS, III, DEFENDANTS-INTERVENORS-APPELLANTS.

The Supreme Court of New Jersey.

Decided September 22, 1989.


Attorney(s) appearing for the Case

Michael J. Herbert submitted a brief on behalf of appellants (Hannoch Weisman, attorneys; Michael J. Herbert, and Elmer M. Matthews, of counsel; Michael J. Herbert, Elmer M. Matthews, and Susan Stryker, on the brief).

Robert S. Kline, Assistant County Counsel, submitted a letter on behalf of respondent Barry Szaferman, etc., relying on the brief submitted on behalf of appellants (Barry D. Szaferman, Mercer County Counsel, attorney).

Richard M. Altman submitted a brief on behalf of respondent Citizens Auto Revolt (Pellettieri, Rabstein and Altman, attorneys; Richard M. Altman, of counsel; Richard M. Altman and Anne P. McHugh, on the brief).

James R. Coley, Jr., submitted a letter in lieu of brief on behalf of respondent The Board of Chosen Freeholders of Mercer County.

Michael J. Ferrara submitted a letter in lieu of brief on behalf of intervenor Board of Chosen Freeholders of Bergen County.

Linda G. Rosenzweig, County Counsel, submitted a brief on behalf of the intervenor Board of Chosen Freeholders of Camden County.

H. Curtis Meanor, Acting County Counsel, submitted an affidavit on behalf of intervenor Board of Chosen Freeholders of Essex County.

Bruce C. Hasbrouck, First Assistant County Counsel, submitted a letter brief on behalf of intervenor Board of Chosen Freeholders of Gloucester County.

Charles M. Schimenti submitted a letter brief on behalf of intervenor Board of Chosen Freeholders of Hudson County.

John J. Hoagland, County Counsel, submitted a letter brief on behalf of intervenor Board of Chosen Freeholders of Middlesex County.

Michael H. Glovin, Assistant County Counsel, submitted a letter brief on behalf of intervenor Board of Chosen Freeholders of Passaic County (Raymond P. Vivino, County Counsel, attorney).

Daniel A. Zehner, submitted letter briefs on behalf of the intervenor Board of Chosen Freeholders of Salem County.

Jeremiah D. O'Dwyer, County Counsel, submitted a letter brief on behalf of the intervenor Board of Chosen Freeholders of Union County.


PER CURIAM.

The issue on this appeal is whether a non-binding county referendum question concerning automobile-insurance regulation, proposed for inclusion on the forthcoming general-election ballot by plaintiff, the Board of Chosen Freeholders of Mercer County (and by the Boards of Freeholders of every other county), is authorized by N.J.S.A. 19:37-1 to be included on the ballot for submission to the voters. We hold that the proposed referendum question is...

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