Search Rutgers Law Library N.J. Court Opinions

1 /usr/local/share/www/libweb/collections/courts/supreme/a-30-21.opn.html -- rank: 1000

... previously held by a councilmember unaffiliated with a political party. N.J.S.A. 40A:16-12 provides that, “[i]f the incumbent whose office has ... a successor to fill the vacancy without regard to party. [ N.J.S.A. 40A:16-12 (emphases added).] The contrast in the Legislature’s use of ... 4 or 40A:16-5 within the time prescribed by N.J.S.A. 40A:16-12, the office shall remain vacant for the remainder of the ...

docket:
court:	New Jersey Supreme Court
decided:
status:
citation:
Document Size:	62398

2 /usr/local/share/www/libweb/collections/courts/appellate/a-30-21.opn.html -- rank: 1000

... previously held by a councilmember unaffiliated with a political party. N.J.S.A. 40A:16-12 provides that, “[i]f the incumbent whose office has ... a successor to fill the vacancy without regard to party. [ N.J.S.A. 40A:16-12 (emphases added).] The contrast in the Legislature’s use of ... 4 or 40A:16-5 within the time prescribed by N.J.S.A. 40A:16-12, the office shall remain vacant for the remainder of the ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	62505

3 LINDEN DEMOCRATIC COMMITTEE v. CITY OF LINDEN -- rank: 923

... party, N.J.S.A. 40A:16-11, or not, N.J.S.A. 40A:16-12. The Vacancy Law thus provided similar, but not identical, procedures ... party committee, Section 11 had the 'apparent intent to 6 N.J.S.A. 40A:16-12, which involves vacancies in offices where the incumbent was not ... 4 or 40A:16-5 within the time prescribed by N.J.S.A. 40A:16-12, the office shall remain vacant for the remainder of the ... § 2; N.J.S.A. 40A:16-13. However, N.J.S.A. 40A:16-12 is expressly limited to nonpartisan elections, and it has nothing ... provided in . . . 40A:16-5 within the time prescribed by N.J.S.[A.] 40A:16-12, the office shall remain vacant for the remainder of the ...

docket:	a1759-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-17
status:	Published
citation:
Document Size:	49547

4 MAYOR DAWN ZIMMER v. COUNCILWOMAN THERESA CASTELLANO -- rank: 850

... thirty-day limit on the filling of vacancies contained in N.J.S.A. 40A:16-12 should not be tolled; and (3) why an abstention should ... Booker , supra , __ N.J. Super. at __ (slip op. at 5). N.J.S.A. 40A:16-12 only declares that the governing body "may" fill a vacancy ... to fill the vacancy within the statutory thirty-day window, N.J.S.A. 40A:16-12. The Zimmer group forcefully argues that Chief Justice Rabner's ... s remaining members with the discretion to fill a vacancy. N.J.S.A. 40A:16-12. Accordingly, the judge was not empowered to compel a vote ... as falling within the thirty-day window set forth in N.J.S.A. 40A:16-12, we would invalidate that action because the abstentions were incorrectly ... the Rules of Court and under any statute of limitations." N.J.S.A. 40A:16-12 creates a time period that appears not to fall ...

docket:	a2559-12
court:	NJ Superior Court Appellate Division
decided:	2013-07-05
status:	published
citation:	432 N.J.Super. 412 75 A.3d 1163
Document Size:	27372

5 CORY BOOKER -- rank: 771

... vacancy within thirty days of the occurrence of a vacancy, N.J.S.A. 40A:16-12. The remaining members are not required to act; if they ... they were only authorized to do so in their discretion. N.J.S.A. 40A:16-12 (declaring that ". . . the governing body may , within 30 days of ...

docket:	a2413-12
court:	NJ Superior Court Appellate Division
decided:	2013-07-05
status:	published
citation:	431 N.J.Super. 548 71 A.3d 206
Document Size:	31756

6 KAREN DeSOTO v. HARVEY SMITH et al. -- rank: 709

... A. 40A:16-1 to -23. Consequently, according to plaintiff, N.J.S.A. 40A:16-12 controls the transition of power where a mayoral vacancy has ... the acting mayor until a successor is elected and qualified." N.J.S.A. 40A:16-12 provides: "[i]f the incumbent whose office has become vacant ... 124 N.J. 559 , 564 (1991). As Judge Gallipoli explained, N.J.S.A. 40A:16-12 provides a "mechanism for the appointment of the successor as ... the council could have filled the vacancy, in accordance with N.J.S.A. 40A:16-12, and in effect removed the council president as acting mayor ...

docket:	a6730-03
court:	njappellate
decided:	2006-03-01
status:	published
citation:	*CITE_PENDING*
Document Size:	49650