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KUMAR v. PISCATAWAY TWP. COUNCIL

DOCKET No. A-0227-21.

281 A.3d 1015 (2022)

473 N.J. Super. 463

Ashish KUMAR, Michael Diaferia, Jeffrey Redrup, Ozzy Guzman, and Michael Clare ("EMS Committee of Petitioners"), Plaintiffs-Respondents/Cross-Appellants, and Kamuela Tillman, Mindy Goldstein, Juliet Pastras, Laura Leibowitz, and Staci Berger ("Tape Committee of Petitioner"), and Piscataway Progressive Democratic Organization, Plaintiffs-Respondents/Cross-Appellants, v. PISCATAWAY TOWNSHIP COUNCIL, Defendant-Appellant/Cross-Respondent, and Nancy Pinkin, in her capacity as Middlesex County Clerk, and Melissa Seader, in her capacity as Piscataway Municipal Clerk, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided August 23, 2022.

Attorney(s) appearing for the Case

Richard J. Mirra , New Brunswick, argued the cause for appellant/cross-respondent (Hoagland, Longo, Moran, Dunst & Doukas, LLP, attorneys; Richard J. Mirra , of counsel and on the briefs).

Renee Steinhagen argued the cause for respondents/cross-appellants (New Jersey Appleseed Public Interest Law Center, Inc., attorneys; Renee Steinhagen , on the brief).

Before Judges Currier, DeAlmeida, and Smith (Judge Smith dissenting).

The opinion of the court was delivered by

In this matter, we consider whether a municipality may approve a resolution to place non-binding public opinion questions before the electorate when initiative petitions concerning the identical issues are on the same ballot. We conclude the municipality was not authorized under N...

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