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TUMPSON v. FARINA

Docket No. A-5454-10T4

67 A.3d 660 (2013)

431 N.J. Super. 164

Daniel TUMPSON, Russell Hoover, Eric Volpe, Cheryl Fallick and Joel Horwitz, Plaintiffs-Respondents/Cross-Appellants, v. James FARINA, in his capacity as Hoboken City Clerk, and the City of Hoboken, Defendants-Appellants/Cross-Respondents, and Mile Square Taxpayer Association 2009, Inc., Gina Denardo, Individually and on behalf of all similarly situated and 611-613, LLC, Individually and on behalf of all similarly situated, Intervenors-Appellants/Cross-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided May 29, 2013.

Attorney(s) appearing for the Case

Victor A. Afanador argued the cause for appellants/cross-respondents James Farina and City of Hoboken (Lite DePalma Greenberg, LLC, attorneys; Mr. Afanador , of counsel and on the briefs; Marissa L. Quigley , Newark, on the briefs).

Charles X. Gormally argued the cause for appellants/cross-respondents Mile Square Taxpayer Association 2009, Inc. and Gina DeNardo (Brach Eichler, L.L.C., attorneys; Mr. Gormally , of counsel and on the briefs; Sean A. Smith , Roseland, on the briefs).

Renee Steinhagen and Flavio L. Komuves argued the cause for respondents/cross-appellants Daniel Tumpson, Russell Hoover, Eric Volpe, Cheryl Fallick and Joel Horwitz (New Jersey Appleseed Public Interest Law Center, Inc., and Zazzali, Fagella, Nowak, Kleinbaum & Friedman, attorneys; Ms. Steinhagen and Mr. Komuves , on the briefs).

Before Judges FISHER, ALVAREZ and ST. JOHN.

The opinion of the court was delivered by

ST. JOHN, J.A.D.

We are presented with two issues in this appeal: whether James Farina, the Clerk of the City of Hoboken, complied with the requirements of the Optional Municipal Charter Law, commonly known as the Faulkner Act (Faulkner Act), N.J.S.A. 40:69A-1 to -210, with regard to a referendum petition submitted by plaintiffs as a Committee of Petitioners (Committee); and, if he did not, whether his conduct...

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