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FINKEL v. TOWNSHIP COMMITTEE OF HOPEWELL

DOCKET NO. A-0908-13T2

84 A.3d 263 (2013)

434 N.J. Super. 303

Adam M. FINKEL, Catherine M. Kavanaugh and James J. Wulf, Plaintiffs-Appellants, v. TOWNSHIP COMMITTEE OF the TOWNSHIP OF HOPEWELL, and Paula Sollami-Covello, in her capacity as Clerk of the County of Mercer, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided December 30, 2013.

Attorney(s) appearing for the Case

Adam M. Finkel, appellant, argued the cause pro se.

Catherine M. Kavanaugh, appellant pro se, and James J. Wulf, appellant pro se, join in the brief of Adam M. Finkel, appellant pro se.

Steven P. Goodell argued the cause for respondent Township Committee of the Township of Hopewell (Herbert, Van Ness, Cayci & Goodell, attorneys; Mr. Goodell and Rachel U. Doobrajh , Princeton, of counsel and on the brief).

Joseph P. Blaney , Assistant County Counsel, argued the cause for respondent Paula Sollami-Covello ( Arthur R. Sypek, Jr. , Mercer County Counsel, attorney; Mr. Blaney and Mr. Sypek, on the brief).

Robert T. Lougy , Assistant Attorney General, argued the cause for amicus curiae Attorney General of the State of New Jersey (John J. Hoffman, Acting Attorney General, attorney; George N. Cohen , Deputy Attorney General, on the brief).

Before Judges MESSANO, SABATINO, and HAYDEN.

The opinion of the court was delivered by

SABATINO, J.A.D.

This appeal involves the ambiguous interrelationship of several referendum provisions within the New Jersey election statutes. Specifically, we consider whether a proposed question on a non-binding local referendum may be placed on a ballot when the municipality has failed to submit the proposal to the county clerk within 81 days before an election as required by N.J.S.A. 19:37-1, but has submitted...

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