LANCE v. McGREEVEY


853 A.2d 856 (2004)

180 N.J. 590

Honorable Leonard LANCE, as a citizen of New Jersey and a taxpayer; Honorable Alex DeCroce, as a citizen of New Jersey and a taxpayer; Honorable Joseph M. Kyrillos, Jr., as a citizen of New Jersey and a taxpayer; Honorable Steven M. Lonegan, as a citizen of New Jersey and a taxpayer; Honorable Bret Schundler, as a citizen of New Jersey and a taxpayer; and Robert Lindmark, as a citizen of New Jersey and a taxpayer, Plaintiffs-Appellants, v. Honorable James E. McGREEVEY, Governor of the State of New Jersey; Honorable John E. McCormac, Treasurer of the State of New Jersey; and The New Jersey Economic Development Authority, Defendants-Respondents, and Honorable Richard J. Codey, President of the New Jersey Senate; and Honorable Albio Sires, Speaker of the Assembly, Intervenors-Defendants-Respondents.

Supreme Court of New Jersey.

Decided July 26, 2004.


Attorney(s) appearing for the Case

Mark D. Sheridan, Florham Park, Andrew T. Fede, Hackensack, and Thaddeus R. Maciag, Somerville, argued the cause for appellants (Drinker Biddle & Reath, attorneys for Honorable Leonard Lance, Honorable Alex DeCroce, Honorable Joseph M. Kyrillos and Robert Lindmark; Contant Atkins & Fede, attorneys for Honorable Steven M. Lonegan; and Maciag & Associates and Howes & Howes, attorneys for Honorable Bret Schundler; Mr. Sheridan, Mr Fede, Mr. Maciag, Mark D. Villanueva, James K. Webber, Jr., Peter J. Gallagher, Lauren D. Godfrey, W. Timothy Howes and Andrew C. White, on the joint briefs).

Nancy Kaplen, Assistant Attorney General, argued the cause for respondents Honorable James E. McGreevey and Honorable John E. McCormac (Peter C. Harvey, Attorney General of New Jersey, attorney; Patrick DeAlmeida, Deputy Attorney General, on the brief).

Howard Graff, New York City, a member of the New York bar, argued the cause for respondent New Jersey Economic Development Authority (Carella, Byrne, Bain, Gilfillan, Cecchi, Stewart & Olstein, attorneys; Mr. Graff, Charles C. Carella and James E. Cecchi, on the brief).

Leon J. Sokol, Hackensack, argued the cause for intervenors-respondents (Sokol, Behot & Fiorenzo, attorneys; Mr. Sokol and Steven Siegel, on the brief).


PER CURIAM.

This litigation requires us to determine whether the State properly can rely on borrowed funds to balance its annual budget and fund general expenses, an issue of first impression. It also seeks to revisit a legal debate over the constitutionality of certain bonding mechanisms enacted by the legislative and executive branches without voter approval. See generally Lonegan v. State, 174 N.J. 435, 809...

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