Search Rutgers Law Library N.J. Court Opinions

1 ADAM M. FINKEL v. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF HOPEWELL -- rank: 1000

... clerk within 81 days before an election as required by N.J.S.A. 19:37-1, but has submitted the proposal within the 65-day deadline ... body's non-compliance with the 81-day deadline in N.J.S.A. 19:37-1 conflicts with the local citizens' interests, as protected by N.J.S.A. 19:37-1.1, in having sufficient time to react to a referendum ... s ballot submission must meet the separate deadlines of both N.J.S.A. 19:37-1 and N.J.S.A. 19:37-2. Because the 81-day deadline of N.J.S.A. 19:37-1 was not met here, we declare the referendum at issue ... referendum question to the Mercer County Clerk was untimely under N.J.S.A. 19:37-1, as it was submitted only 70 days before the ...

docket:	a0908-13
court:	NJ Superior Court Appellate Division
decided:	2013-12-30
status:	published
citation:	434 N.J.Super. 303 84 A.3d 263
Document Size:	67372

2 ASHISH KUMAR v. PISCATAWAY TOWNSHIP COUNCIL -- rank: 800

... same ballot. We conclude the municipality was not authorized under N.J.S.A. 19:37- -1 to pass the resolutions regarding the public opinion questions because ... show cause seeking injunctive relief. Plaintiffs alleged defendants' actions contravened N.J.S.A. 19:37-1 and violated their statutory rights of initiative by placing non ... A. 40:48-1). The second statute at issue here, N.J.S.A. 19:37-1, permits a local governing body to place non-binding public ... not later than [eighty-one] days previous to the election. [ N.J.S.A. 19:37-1 (emphasis added).] The Township has never disputed the validity of ... sole issue then is whether the Township was authorized under N.J.S.A. 19:37-1 to place non-binding public questions concerning the identical issue ... v. City of Hoboken, 196 N.J. 51, 68 (2008). N.J.S.A. 19:37-1 provides 'a method for municipalities and counties to determine ...

docket:	a0227-21
court:	NJ Superior Court Appellate Division
decided:	2022-08-23
status:	Published
citation:
Document Size:	53252

3 THE GREAT ATLANTIC AND PACIFIC TEA COMPANY, INC. V. POINT PLEASANT -- rank: 794

... from submitting a non-binding question to voters pursuant to N.J.S.A. 19:37-1. The court stated that section 62.b applied only to ... referendum" in section 62.b includes a non-binding referendum.      N.J.S.A. 19:37-1 defines a non-binding referendum, identified as an "[o]rdinance ... referenda on zoning ordinances includes non-binding public questions under N.J.S.A. 19:37-1. Relying on the plain language, legislative history, and policy underlying ... referendum" in section 62.b.     Read literally, the terms of N.J.S.A. 19:37-1 refer not to "referenda," but to the submission of public ... 255 , 258 (1990) (referring to public question submitted pursuant to N.J.S.A. 19:37-1 as "non-binding referendum"); Borough of Eatontown v. Danskin , 121 ... Div. 1972) (same); 35 New Jersey Practice , supra , § 483 (same); N.J.S.A. 19:37-1 (same, referring to statutory title), that reference cannot transform ...

docket:	a-112-93
court:	njsupreme
decided:	1994-08-04
status:
citation:	137 N.J. 136
Document Size:	67039

4 TOWN OF HARRISON BOARD OF EDUCATION v. BARBARA NETCHERT -- rank: 639

... or beyond the scope of the Borough’s authority under N.J.S.A. 19:37-1; (2) plaintiff will not be harmed by the nonbinding referendum ... sending-receiving relationship, East Newark has no statutory authority under N.J.S.A. 19:37-1 to place the referendum question on the ballot. Additionally, the ... Division, in a recent case considering compliance with deadlines in N.J.S.A. 19:37-1 to 19:37-5, concluded that “the proper interpretation ... public importance relating to compliance with the elections law under N.J.S.A. 19:37-1, and thus warrants a finding that standing exists. C. East ... issues of significant public importance relating to the legality, under N.J.S.A. 19:37-1, of East Newark’s efforts to place a referendum question ... Plaintiff contends that the referendum question is patently invalid under N.J.S.A. 19:37-1. Plaintiff relies heavily on Botkin v. Mayor & Borough Council ...

docket:	l-4074-14
court:	New Jersey Superior Court Trial Division
decided:	2014-10-20
status:
citation:	439 N.J.Super. 164 106 A.3d 1273
Document Size:	79348

5 /usr/local/share/www/libweb/collections/courts/trial/harrisonboe-v-netchert.opn.html -- rank: 637

... or beyond the scope of the Borough’s authority under N.J.S.A. 19:37-1; (2) plaintiff will not be harmed by the nonbinding referendum ... sending-receiving relationship, East Newark has no statutory authority under N.J.S.A. 19:37-1 to place the referendum question on the ballot. Additionally, the ... Division, in a recent case considering compliance with deadlines in N.J.S.A. 19:37-1 to 19:37-5, concluded that “the proper interpretation ... public importance relating to compliance with the elections law under N.J.S.A. 19:37-1, and thus warrants a finding that standing exists. C. East ... issues of significant public importance relating to the legality, under N.J.S.A. 19:37-1, of East Newark’s efforts to place a referendum question ... Plaintiff contends that the referendum question is patently invalid under N.J.S.A. 19:37-1. Plaintiff relies heavily on Botkin v. Mayor & Borough Council ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	79493

6 BOROUGH OF BOGOTA v. KATHLEEN A. DONOVAN, Bergen County Clerk -- rank: 400

... her view, it did not fit within the parameters of N.J.S.A. 19:37-1. On August 31, 2006, plaintiff filed a three-count complaint ... of the trial court. This opinion sets forth our reasons. N.J.S.A. 19:37-1 provides: When the governing body of any municipality or of ... recently-enacted tax and school aid laws was impermissible under N.J.S.A. 19:37-1 because it dealt with subjects "committed solely to the state ...

docket:	A0601-06
court:	NJ Superior Court Appellate Division
decided:	2006-10-02
status:	published
citation:
Document Size:	49009