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IN RE CITY OF MARGATE CITY

No. A-2475-10T1

37 A.3d 528 (2012)

424 N.J. Super. 242

In re Petition for Referendum to Repeal Ordinance 2010-27 of the CITY OF MARGATE CITY, Atlantic County, State of New Jersey. John Steven Woerner, Anne Pancoast and Maureen P. Dougherty, Plaintiffs-Appellants, v. Thomas D. Hiltner, City Clerk, the City of Margate City And Commissioners of the City of Margate City, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided February 14, 2012.

Attorney(s) appearing for the Case

Christian M. Scheuerman , Atlantic City, argued the cause for appellants (The Benari Law Firm and Maureen P. Dougherty , Margate City, attorneys; Mr. Scheuerman and Ms. Dougherty , on the brief).

John Scott Abbott argued the cause for respondents.

Before Judges PARRILLO, GRALL and SKILLMAN.

The opinion of the court was delivered by

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

The issue presented by this appeal is whether the provision of the Home Rule Act, N.J.S.A. 40:49-27, which establishes the right to a public referendum regarding any ordinance authorizing the incurring of an indebtedness, applies to a municipality organized under the Walsh Act, N.J.S.A. 40:70-1 to N.J.S.A. 40:76-27. The trial court...

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