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COUNTY OF MORRIS v. FAUVER

153 N.J. 80 (1998)

707 A.2d 958

COUNTY OF MORRIS, PLAINTIFF-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-APPELLANTS.

The Supreme Court of New Jersey.

Decided March 9, 1998.

Attorney(s) appearing for the Case

Joseph L. Yannotti, Assistant Attorney General, argued the cause for appellants (Peter Verniero, Attorney General of New Jersey, attorney; Mr. Yannotti and Mary C. Jacobson, Assistant Attorney General, of counsel; Andrew R. Sapolnick, Deputy Attorney General, on the briefs).

W. Randall Bush, First Assistant County Counsel, argued the cause for respondent (Ronald Kevitz, Morris County Counsel, attorney).

Benjamin D. Leibowitz, Deputy County Counsel, argued the cause for amicus curiae, County of Middlesex (Bruce J. Kaplan, Middlesex County Counsel, attorney).

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

This appeal presents yet another facet of the prison overcrowding crisis in New Jersey. In County of Gloucester v. State, 132 N.J. 141, 623 A.2d 763 (1993), and Worthington v. Fauver, 88 N.J. 183, 440 A.2d 1128 (1982), we addressed the State's authority to house state...

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