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IN RE CITY OF TRENTON ORDINANCE

No. A-5864-08T3.

984 A.2d 895 (2009)

411 N.J. Super. 135

In re Petition for Referendum on CITY OF TRENTON ORDINANCE 09-02.

Superior Court of New Jersey, Appellate Division.

Decided December 17, 2009.

Attorney(s) appearing for the Case

George T. Dougherty argued the cause for appellant Committee of Petitioners Against Ordinance 09-02 (Katz & Dougherty, attorneys; Mr. Dougherty, on the brief).

William W. Northgrave argued the cause for respondent City of Trenton (McManimon & Scotland, attorneys; Edward J. McManimon, III and Mr. Northgrave, Newark, on the brief).

Ira G. Megdal, Cherry Hill, argued the cause for respondent/intervenor New Jersey American Water Company, Inc. (Cozen O'Connor, attorneys; Mr. Megdal and Douglas W. Frankenthaler, on the brief).

Joseph L. Mooney, III, Trenton, and Zachary B. Corrigan, of the Washington bar, admitted pro hac vice, attorney for amicus curiae Food & Water Watch, Inc. (Mr. Corrigan, on the brief).

Before Judges CARCHMAN, LIHOTZ and ASHRAFi.

The opinion of the court was delivered by

CARCHMAN, P.J.A.D.

This appeal requires us to consider: 1) whether the Optional Municipal Charter Law (the Faulkner Act), N.J.S.A. 40:69A-1 to -210, mandates a referendum when a portion of a city's water system is sold; and 2) whether N.J.S.A. 40:62-3 to -4 excepts this sale from the assertedly mandated referendum. Here, respondent City of Trenton (the City) proposed to sell a portion of its water system...

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