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AFL-CIO v. BD. OF CHOSEN FREEHOLDERS

121 N.J. 255 (1990)

579 A.2d 1231

NEW JERSEY STATE AFL-CIO, LEAGUE OF WOMEN VOTERS OF NEW JERSEY, EDUCATION LAW CENTER, ASSOCIATION FOR CHILDREN OF NEW JERSEY, NEW JERSEY STATE NAACP, NEWARK BRANCH OF THE NAACP, NEW JERSEY COUNCIL OF CHURCHES, ET AL., PLAINTIFFS-APPELLANTS AND CROSS-RESPONDENTS, v. BERGEN COUNTY BOARD OF CHOSEN FREEHOLDERS AND BERGEN COUNTY CLERK AND OCEAN COUNTY BOARD OF CHOSEN FREEHOLDERS, DEFENDANTS-RESPONDENTS, AND SOMERSET COUNTY BOARD OF CHOSEN FREEHOLDERS, MONMOUTH COUNTY BOARD OF CHOSEN FREEHOLDERS, AND PASSAIC COUNTY BOARD OF CHOSEN FREEHOLDERS, DEFENDANTS-CROSS-APPELLANTS, AND BURLINGTON COUNTY BOARD OF CHOSEN FREEHOLDERS, ET AL., DEFENDANTS, AND HUNTERDON COUNTY BOARD OF CHOSEN FREEHOLDERS AND BOROUGH OF ROSELAND, INTERVENORS-CROSS-APPELLANTS.

The Supreme Court of New Jersey.

Decided September 27, 1990.

Attorney(s) appearing for the Case

John E. Harrington argued the cause for appellants and cross-respondents (Dyer & Harrington, attorneys).

John C. Sahradnik, Assistant County Counsel, argued the cause for respondent Ocean County Board of Chosen Freeholders (Franklin H. Berry, County Counsel, attorney).

Peter J. Scandariato, County Counsel, argued the cause for respondents Bergen County Board of Chosen Freeholders and Bergen County Clerk.

Frederick P. Niemann argued the cause for cross-appellants Somerset County Board of Chosen Freeholders, Monmouth County Board of Chosen Freeholders, and Passaic County Board of Chosen Freeholders (William E. Ozzard, Somerset County Counsel, Malcolm V. Carton, Monmouth County Counsel, and Raymond P. Vivino, Passaic County Counsel, attorneys; William E. Ozzard and Arthur D. Fialk, on the brief).

Gaetano M. De Sapio, County Counsel, submitted a letter brief on behalf of intervenor-appellant Hunterdon County Board of Chosen Freeholders.

David I. Fox submitted a letter brief on behalf of intervenor-appellant Borough of Roseland (Fox and Fox, attorneys).

PER CURIAM.

The issue before the Court is the propriety under N.J.S.A. 19:37-1 of submitting certain public questions to the voters of five counties, Bergen, Monmouth, Ocean, Passaic, and Somerset. The public questions for the proposed non-binding referendum deal with the recently adopted tax and school aid laws — they seek to determine voter support for their repeal. Necessarily affected, although not before us, are similar public questions that five...

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