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CASAMASINO v. CITY OF JERSEY CITY

730 A.2d 287 (1999)

158 N.J. 333

Peter CASAMASINO, Plaintiff-Respondent and Cross-Appellant, and Director, Division of Taxation and Hudson County Board of Taxation, Plaintiffs-Intervenors, v. CITY OF JERSEY CITY and Bret Schundler, Mayor of the City of Jersey City, Defendants-Appellants and Cross-Respondents.

Supreme Court of New Jersey.

Decided May 27, 1999.

Attorney(s) appearing for the Case

Brian W. McAlindin, Newark, for defendant-appellant and cross-respondent Bret Schundler, Mayor of the City of Jersey City (Wilson, Elser, Moskowitz, Edelman & Dicker, attorneys; Mr. McAlindin, Colin P. Hackett and Kenneth R. Foreman, East Haven, on the briefs).

Martin R. Pachman for defendant-appellant and cross-respondent City of Jersey City (Sean M. Connelly, Corporation Counsel, attorney; Mr. Connelly, on the brief).

Harry Z. Haushalter, Hamilton Square, for plaintiff-respondent and cross-appellant.

John R. Lloyd, Teaneck, for amicus curiae, The Association of Municipal Assessors of New Jersey (Rosenblum Wolf & Lloyd, attorneys).

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

This case raises fundamental questions implicating the respective powers and responsibilities of the executive and legislative branches of municipal government regarding the appointment, confirmation, and tenure of a tax assessor. The specific issue is whether an individual appointed by a mayor, without the "advice and consent" of the municipal council as required by statute...

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