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NEWARK COUNCIL NO. 21 v. JAMES

723 A.2d 127 (1999)

318 N.J. Super. 208

NEWARK COUNCIL NO. 21, NJCSA, IFPTE, AFL-CIO, Gloria Byrd, Patricia Sermon, Naseem Marvi, Juanita Reed, and Miriam Zimuto, Plaintiffs-Appellants, and Gerard Barros, Lourdes Bernardino, Thilita Brown Adamson, Shelley Cannon, Gladys Dancy, Alva Druitt, Frances English, Patricia Grey, James Griffin, Angie L. Jones, Laverne Land, Mildred Simpson, Robert Marcela, Alesia Raines, Jane Canter, Sandra Lee-Walton, Mengting Liang, Inna Lokshina, Venera Nakhimovsky, Bernice West, Edward Lambert, Margaret Leggett, Constance Kratt, Ruth Hill, Christopher Grant, Evelyn Davis Grant, Evelyn Hicks, Carla Potter, Felix Rosario, Marcia Scholmaster, Lenore Sutton, Jean Thompson, Marsha McGowan, Darryl Saunders, Jamila Bembry, John Da Silva, Basil Franklin, Elaine Moore, Arlene Smith, Regina Bayley, Emilio Cruz, Lisa Hamlette, Ronnie Johnson, Larry Lawson, Edwin Way, Dorothy Thompson, Deborah Odom, Michelle Portee, Elyze Minter, Mae Ruth Blue, Ivan Burgos, Jerome Mighty, and Alex Koshy, Plaintiffs, v. Sharpe JAMES, Mayor of the City of Newark, and City of Newark, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided February 11, 1999.

Attorney(s) appearing for the Case

Stacy B. Rosenberg, Livingston,for plaintiffs-appellants (Fox and Fox, attorneys; Craig S. Gumpel and Ms. Rosenberg, of counsel and on the brief; Matthew M. Collins, on the brief).

Richee Lori Smith, Montclair, for defendants-respondents (Michelle Hollar-Gregory, Corporation Counsel, attorney; Joanne Y. Watson, First Assistant Corporation Counsel, Newark, on the brief).

Before Judges PRESSLER, BROCHIN, and KLEINER.

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

Pursuant to a verified complaint filed September 18, 1996, plaintiffs, fifty-eight employees of the City of Newark and their collective bargaining representative, Newark Council No. 21, NJCSA, IFPTE, AFL-CIO, sought and were issued an order to show cause seeking to enjoin defendants, Mayor Sharpe James and the City of Newark (collectively "defendants" or "City") from: (1) enforcing the City's residency ordinance...

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