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MID-ATLANTIC SOLAR ENERGY INDUSTRIES ASSOCIATION v. CHRISTIE

Nos. A-3374-09T4, A-4047-09T4, A-5948-09T4, A-5949-09T4.

14 A.3d 760 (2011)

418 N.J. Super. 499

MID-ATLANTIC SOLAR ENERGY INDUSTRIES ASSOCIATION, Appellant, v. Chris CHRISTIE, Governor of the State of New Jersey, Respondent. In re Comprehensive Energy Efficiency and Renewable Energy Resource Analysis for 2009-2012, Revised 2010 Budgets. In re Comprehensive Energy Efficiency and Renewable Energy Resource Analysis for 2009-2012, Revised 2010 Budgets (Second Revision). In Re P.L. 2010, Ch. 19, Application of Clean Energy Funds to General Fund for Fiscal Year 2010.

Superior Court of New Jersey, Appellate Division.

Decided March 4, 2011.

Attorney(s) appearing for the Case

Peter D. Dickson argued the cause for appellant (Potter and Dickson, attorneys; Mr. Dickson and R. William Potter , Princeton, on the briefs).

Jean P. Reilly , Deputy Attorney General, argued the cause for respondent ( Paula T. Dow , Attorney General, attorney; Nancy Kaplen , Susan K. Fischer and John P. Bender , Assistant Attorneys General, of counsel; Ms. Reilly and Cynthia L. Holland , Deputy Attorneys General, on the briefs).

Before Judges PARRILLO, YANNOTTI and SKILLMAN.

The opinion of the court was delivered by

SKILLMAN, J.A.D. (retired and temporarily assigned on recall).

On June 29, 2010, the Governor signed into law a Supplemental Appropriations Act for the 2009-10 State fiscal year. L. 2010, c. 19. Section six of this Appropriations Act provides:

Notwithstanding any provision of law or regulation to the contrary, there may be transferred from the Clean Energy...

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