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STATE v. APPORTIONMENT COM'N

125 N.J. 375 (1991)

593 A.2d 710

STATE OF NEW JERSEY; JAMES J. FLORIO, GOVERNOR OF THE STATE OF NEW JERSEY; ROBERT J. DEL TUFO, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY; JOAN HABERLE, SECRETARY OF STATE OF THE STATE OF NEW JERSEY, PLAINTIFFS-APPELLANTS, v. APPORTIONMENT COMMISSION, CREATED PURSUANT TO N.J. CONST. (1947), ART. IV, § III, ¶ 1; FIDEL GONZALEZ; CITY OF NEWARK, A POLITICAL SUBDIVISION OF THE STATE OF NEW JERSEY; CITY OF EAST ORANGE, A POLITICAL SUBDIVISION OF THE STATE OF NEW JERSEY; SHARPE JAMES, MAYOR OF THE CITY OF NEWARK; CARDELL COOPER, MAYOR OF THE CITY OF EAST ORANGE, AND JOHN DOE(S), A PERSON OR PERSON(S) WITH AN INTEREST IN THIS MATTER, DEFENDANTS, AND JOHN H. DORSEY, SENATOR, 25TH DISTRICT OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT, AND COUNTY OF ESSEX, A POLITICAL SUBDIVISION OF THE STATE OF NEW JERSEY; AND THOMAS J. D'ALESSIO, THE ESSEX COUNTY EXECUTIVE, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided February 27, 1991.

Attorney(s) appearing for the Case

William Harla, Assistant Attorney General, argued the cause for appellants State of New Jersey, et al. (Robert J. Del Tufo, Attorney General of New Jersey, attorney).

Francine A. Schott argued the cause for appellants Democratic members of the Apportionment Commission (Genova, Burns & Schott, attorneys).

Stephen J. Edelstein, Acting Essex County Counsel, argued the cause for appellants County of Essex, etc., et al.

George R. Gilmore argued the cause for respondents Republican members of the Apportionment Commission (Gilmore & Monahan, attorneys).

Steven L. Saks-Wilner, Chief Counsel and Deputy Executive Director to Senate Minority, argued the cause for respondent John H. Dorsey, etc.

PER CURIAM.

The issue in this declaratory-judgment action is whether census data received by the Governor on or about January 24 and 30, 1991, constitute the "official decennial census" within the meaning of article IV, section 3, paragraph 1, of the State Constitution. Appellants filed notices of appeal on February 22, 1991, and we promptly certified the appeals on our own motion. See Rule 2:12-1. After reviewing...

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