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ROSEFF v. BYRAM TP.

Docket No. A-5479-11T3

71 A.3d 905 (2013)

432 N.J. Super. 8

Harvey S. ROSEFF, Joann Smith, Eugenia C. Moran, Merwyn Lee and Nelson A. Drobness, Plaintiffs-Appellants, v. BYRAM TOWNSHIP, the Governing Body of the Township of Byram and Doris Flynn in her Capacity as the Byram Township Clerk, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 10, 2013.

Attorney(s) appearing for the Case

Harvey S. Roseff, Joann Smith, Eugenie C. Moran, Merwyn Lee and Nelson A. Drobness, appellants pro se.

Vogel, Chait, Collins & Schneider, attorneys for respondents ( Thomas F. Collins, Jr. , David H. Soloway and Thomas J. Molica, Jr. , Morristown, on the brief).

Matthew Weng , attorney for amicus curiae New Jersey State League of Municipalities.1

The opinion of the court was delivered by

GRALL, J.A.D.

Through the Local Budget Law, N.J.S.A. 40A:4-1 to -89, the Legislature presently limits increases in municipal budgets by more than 2.5% of the previous year's final appropriations or the cost-of-living adjustment, whichever is less. N.J.S.A. 40A:4-45.3. There are, however, several exceptions. Pertinent to this case, the Legislature has authorized a municipality to increase its budget by as much...

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