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IN RE JACKSON TP. ADMIN. CODE

Docket No. A-0517-13T1

97 A.3d 719 (2014)

437 N.J. Super. 203

In the Matter of an Initiative Petition for the Adoption of an Ordinance to Amend the JACKSON TOWNSHIP ADMINISTRATIVE CODE.

Superior Court of New Jersey, Appellate Division.

Decided September 8, 2014.

Attorney(s) appearing for the Case

Renée Steinhagen argued the cause for appellants Nicolas Antonoff, Catherine V. Giancola, Richard F. Davidson, Raymond J. Cattonar, and Roger E. Downing (Zazzali, Fagella, Nowak, Kleinbaum & Friedman, and New Jersey Appleseed Public Interest Law Center, Inc., attorneys; Ms. Steinhagen, Montvale, and Flavio L. Komuves , Princeton, on the brief).

Kevin N. Starkey argued the cause for respondents Mayor and Township Council of Jackson Township (Starkey, Kelly, Kenneally, Cunningham & Turnbach, attorneys; Mr. Starkey, Brick, on the brief).

Before Judges GRALL, NUGENT, and ACCURSO.

The opinion of the court was delivered by

NUGENT, J.A.D.

This appeal involves a governing body's pre-election challenge to an ordinance proposed in an initiative petition. The trial court declared a section of the ordinance unlawful but, notwithstanding a severance clause in the ordinance, declined to sever the unlawful section and order that the excised ordinance be placed on the ballot. We affirm. We conclude that the trial court had the authority to hear...

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