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CITY OF OCEAN CITY v. SOMERVILLE

No. A-1982-06T1

958 A.2d 465 (2008)

403 N.J. Super. 345

The CITY OF OCEAN CITY, a municipal corporation of the State of New Jersey, Plaintiff-Respondent, v. Joseph SOMERVILLE, Peter Guinosso, Dennis Myers, John Bryson, Frederick Hoffman, individually and collectively as the Committee of the Petitioners, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided October 10, 2008.

Attorney(s) appearing for the Case

Frank L. Corrado argued the cause for appellants (Barry, Corrado, Grassi & Gibson, attorneys; Mr. Corrado, Wildwood, on the brief).

Gerald J. Corcoran, Linwood, PA, argued the cause for respondent (Montgomery, McCracken, Walker & Rhoads, attorneys; Georgette Fries, Cherry Hill, on the brief).

Before Judges STERN, A.A. RODRÍGUEZ and PARRILLO.

The opinion of the court was delivered by

PARRILLO, J.A.D.

The issue, one of first impression, is whether an ordinance that imposes a "cost of living" cap on budgeted municipal expenditures in a Faulkner Act community may be adopted by the "initiative" process. In an unpublished opinion decided in this matter on September 13, 2007, we previously answered the question in the negative. Relying in part on Cuprowski...

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