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COUNTY OF MORRIS v. FAUVER

296 N.J. Super. 26 (1996)

COUNTY OF MORRIS, PLAINTIFF-APPELLANT-CROSS-RESPONDENT, v. WILLIAM FAUVER, COMMISSIONER OF THE NEW JERSEY DEPARTMENT OF CORRECTIONS, THE NEW JERSEY DEPARTMENT OF CORRECTIONS AND THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS-CROSS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 17, 1996.

Attorney(s) appearing for the Case

W. Randall Bush, First Assistant Morris County Counsel, argued the cause for appellant-cross-respondent (Ronald Kevitz, Morris County Counsel, attorney; Mr. Bush, on the brief).

Andrew R. Sapolnick, Deputy Attorney General, argued the cause for respondents-cross-appellants (Peter Verniero, Attorney General, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel; Ronald L. Bollheimer, Deputy Attorney General, of counsel; Mr. Sapolnick, on the brief).

Before Judges PETRELLA, LANDAU and WALLACE.

The opinion of the court was delivered by PETRELLA, P.J.A.D.

The County of Morris (County) entered into a forty-year contract with the State Department of Corrections (DOC) pursuant to the County Correctional Policy Act (the Act). The State provided funds to the County under the contract to upgrade and expand county correctional facilities. In return, the County agreed to house up to forty state prisoners per day in its facilities for the term of the contract. The...

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