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MUNICIPAL COUNCIL v. JAMES

873 A.2d 544 (2005)

183 N.J. 361

MUNICIPAL COUNCIL OF THE CITY OF NEWARK, Plaintiff-Appellant, v. Sharpe JAMES, Mayor of the City of Newark, Joanne Y. Watson, Corporation Counsel of the City of Newark, and Daniel Gonzalez, Director of Finance, Defendants-Respondents.

Supreme Court of New Jersey.

Decided May 24, 2005.

Attorney(s) appearing for the Case

Salvatore Perillo, Somers Point, argued the cause for appellant (Perskie Nehmad & Perillo, attorneys).

Angelo J. Genova, Livingston, argued the cause for respondents (Genova, Burns & Vernoia, attorneys; Celia S. Bosco, on the brief).

Justice RIVERA-SOTO delivered the opinion of the Court.

In our representative democracy, clashes of authority between branches of government are the means by which the tensions among them are defined and, ultimately, resolved. This appeal presents one such conflict, pitting the Municipal Council of the City of Newark against its Mayor.

We hold that, under the circumstances presented here, the statutory scheme of the Optional Municipal Charter Law, N.J.S...

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