LONEGAN v. STATE


809 A.2d 91 (2002)

174 N.J. 435

Steven M. LONEGAN; Stop the Debt.Com, LLC, Plaintiffs-Appellants, v. STATE of New Jersey; Roland M. Machold, Treasurer of the State of New Jersey; New Jersey Sports and Exposition Authority; New Jersey Educational Facilities Authority; New Jersey Economic Development Authority; New Jersey Transportation Trust Fund Authority, Defendants-Respondents.

Supreme Court of New Jersey.

Decided August 21, 2002.


Attorney(s) appearing for the Case

Andrew T. Fede, Hackensack, argued the cause for appellants (Contant, Atkins, Rogers, Fede & Hille, attorneys).

Allison E. Accurso, Assistant Attorney General, argued the cause for respondents State of New Jersey, Roland M. Machold, Treasurer of the State of New Jersey, New Jersey Educational Facilities Authority, New Jersey Economic Development Authority and New Jersey Transportation Trust Fund Authority (John J. Farmer, Jr., Attorney General of New Jersey, attorney; Patrick DeAlmeida, Deputy Attorney General, on the briefs).

Matthew C. Johnston, Hackettstown, on behalf of respondent New Jersey Sports and Exposition Authority, relied upon the brief submitted on behalf of State of New Jersey, et al. (Courter, Kobert, Laufer & Cohen, attorneys).

David G. Sciarra, Executive Director, Educational Law Center submitted a brief on behalf of amicus curiae Abbott Plaintiffs (Mr. Sciarra, attorney; Mr. Sciarra and Paul J. Dillon, Hoboken, on the brief).

Andrea L. Kahn, Newark, submitted a brief on behalf of amicus curiae Garden State Coalition of Schools (McManimon & Scotland, attorneys).

Douglas S. Eakeley, Roseland, submitted a brief on behalf of amicus curiae League of Women Voters of New Jersey (Lowenstein Sandler, attorneys; Cecelia E. Haney and Maria N. Maccone, on the brief).

Melissa R. Vance, Counsel, Trenton, submitted a letter in lieu of brief on behalf of amicus curiae New Jersey Association of School Administrators.

Richard A. Friedman, Newark, submitted a letter in lieu of brief on behalf of amicus curiae New Jersey Education Association (Zazzali, Fagella, Nowak, Kleinbaum & Friedman, attorneys; Mr. Friedman and Kimberly A. Scurti, on the brief).

Michael F. Kaelber, Senior Associate Counsel, submitted a letter in lieu of brief on behalf of amicus curiae New Jersey School Boards Association (Cynthia J. Jahn, General Counsel, attorney).

John L. Kraft, Florham Park, submitted a letter brief on behalf of amicus curiae United Taxpayers of New Jersey.


The opinion of the Court was delivered by PORITZ, C.J.

In this case the Court is asked to consider once again the contours of Article VIII, Section II, paragraph 3 (the Debt Limitation Clause or Clause) of the New Jersey Constitution. The scope and meaning of the restrictions imposed on the legislative branch by the Clause have been discussed at length in an extensive body of case law spanning more than fifty years and covering a variety of bonding mechanisms adopted...

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