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PRUNETTI v. MERCER COUNTY BD. OF CHOSEN FREEHOLDERS

794 A.2d 278 (2001)

350 N.J. Super. 72

Robert D. PRUNETTI, County Executive of Mercer County, Plaintiff, v. MERCER COUNTY BOARD OF CHOSEN FREEHOLDERS, Defendant.

Superior Court of New Jersey, Law Division.

November 13, 2001.

Attorney(s) appearing for the Case

Alfred B. Vuocolo, Jr., Mercer County Counsel, Trenton, for plaintiff the County Executive of Mercer County.

Arthur R. Sypek, Jr., Trenton, for defendant Mercer County Board of Chosen Freeholders.

James G. O'Donohue, Princeton, for defendant Mercer County Board of Chosen Freeholders (Hill Wallack, attorney).

Elizabeth E. Randall, Bergen County Counsel, Hackensack, for plaintiff the County Executive of Bergen County, amicus curiae.

William E. Nugent, Atlantic County Counsel, Linwood, for plaintiff the County Executive of Atlantic County, amicus curiae.

Juan C. Fernandez, Essex County Counsel, Roseland, for plaintiff the County Executive of Essex County, amicus curiae.

Robert E. Levy, Secaucus, for defendant Bergen County Board of Chosen Freeholders (Scarinci & Hollenbeck, LLC, Attorneys), amicus curiae.

FEINBERG, A.J.S.C.

BACKGROUND

Until 1972 all of the twenty-one counties of New Jersey operated under a form of government that had not changed significantly since 1798. Michael A. Pane, New Jersey Practice, Local Government Law § 4.23 at 127 (3d. Ed.1999). In 1972, the Legislature adopted the Optional County Charter Law, providing a county the opportunity to reorganize its form of government into...

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