IN RE ORDINANCE 04-75


931 A.2d 595 (2007)

192 N.J. 446

In re Referendum Petition to Repeal ORDINANCE 04-75.

Supreme Court of New Jersey.

Decided September 26, 2007.


Attorney(s) appearing for the Case

Rocky L. Peterson, Princeton, argued the cause for appellants, The Honorable Mayor Douglas Palmer of the City of Trenton and The City Council of the City of Trenton (Hill Wallack, attorneys; Mr. Peterson, Patrick D. Kennedy, Megan McGeehin Schwartz and Ryan P. Kennedy, on the briefs).

George T. Dougherty, argued the cause for respondents, Russell Derricott and the Committee of Protest Petitioners (Katz & Dougherty, attorneys, Mercerville).


Justice ALBIN delivered the opinion of the Court.

The Legislature has conferred on the voters of Faulkner Act municipalities,1 such as Trenton, "the power of referendum," the right to test a challenged ordinance in the crucible of the democratic process. See N.J.S.A. 40:69A-185. When a referendum petition is properly filed, the voters have the final say in approving or rejecting an ordinance at the ballot box.

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