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TUMPSON v. FARINA

A-13/14 September Term 2013, 072813

95 A.3d 210 (2014)

218 N.J. 450

Daniel TUMPSON, Russell Hoover, Eric Volpe, Cheryl Fallick and Joel Horwitz, Plaintiffs-Appellants and Cross-Respondents, v. James FARINA, in his capacity as Hoboken City Clerk, and the City of Hoboken, Defendants-Respondents and Cross-Appellants, 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-Respondents.

Supreme Court of New Jersey.

Decided July 31, 2014.

Attorney(s) appearing for the Case

Renée W. Steinhagen and Flavio L. Komuves , Princeton, argued the cause for appellants and cross-respondents (New Jersey Appleseed Public Interest Law Center, Inc. and Zazzali, Fagella, Nowak, Kleinbaum & Friedman, attorneys).

Victor A. Afanador , Newark, argued the cause for respondents and cross-appellants ( Lite DePalma Greenberg , attorneys; Mr. Afanador and Jeffrey A. Shooman , on the briefs).

Sean A. Smith , Roseland, argued the cause for respondents ( Brach Eichler , attorneys).

Lawrence S. Lustberg , Newark, argued the cause for amicus curiae American Civil Liberties Union of New Jersey (Gibbons, attorneys).

Edward W. Purcell , Associate Counsel, argued the cause for amici curiae New Jersey State League of Municipalities and New Jersey Institution of Local Government Attorneys ( William J. Kearns, Jr. , General Counsel, attorney).

Justice ALBIN delivered the opinion of the Court.

In many municipalities, citizens have the right to put to a popular vote an ordinance passed by a local legislative body. This process — known as a referendum — allows voters to have "the final say in approving or rejecting an ordinance at the ballot box." In re Referendum Petition to Repeal Ordinance 04-75, 192 N.J. 446, 450, 931 A.2d 595

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