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 Results for ("N.J.S.A. 40:69a-185")   1 to 15 of 23 results. Run time: 0.773 seconds | Search time: 0.767 seconds    
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1 Daniel Tumpson, et al. v. James Farina, et al. -- rank: 1000
... in the last election of members of the General Assembly. N.J.S.A. 40:69A-185. In February 2011, the Hoboken City Council introduced Ordinance Z ... entitling them to attorney’s fees. 1. The Faulkner Act, N.J.S.A. 40:69A-185 to -192, contemplates a two-step process for validating a ... organized under the Faulkner Act also possess that valuable right. N.J.S.A. 40:69A-185 to -192. In this case, a city clerk in a ... in the last election of members of the General Assembly. N.J.S.A. 40:69A-185. Daniel Tumpson called the Hudson County Clerk’s Office and ... maintain that the Appellate Division erred in its interpretation of N.J.S.A. 40:69A-185 of the Faulkner Act by concluding that the City Clerk ... ” Defendants urge this Court to give the language of N.J.S.A. 40:69A-185 a “natural reading” that would allow the City ...
docket: A-13-13
court: NJ Supreme Court
decided: 2014-07-31
status:
citation: 218 N.J. 450 95 A.3d 210
Document Size: 207355
2 In re Referendum Petition to Repeal Ordinance 04-75 -- rank: 1000
... its police department is subject to challenge by referendum under N.J.S.A. 40:69A-185. On September 2, 2004, the Trenton City Council enacted Ordinance ... history, or its place in the overall statutory scheme. 1. N.J.S.A. 40:69A-185 states, in pertinent part, that the voters shall also have ... referendum contained in the earlier bill. Additionally, the text of N.J.S.A. 40:69A-185 contains a partial exception to the referendum rule for municipal ... in a referendum. Because the Legislature has made exceptions to N.J.S.A. 40:69A-185 with such precision in many statutes, the Court does not ... challenged ordinance in the crucible of the democratic process. See N.J.S.A. 40:69A-185. When a referendum petition is properly filed, the voters have ... that the ordinance was not subject to referendum pursuant to N.J.S.A. 40:69A-185. Relying on case law that holds that only legislative ...
docket: a-94-06
court: njsupreme
decided: 2007-09-26
status:
citation: 192 N.J. 446
Document Size: 79157
3 /usr/local/share/www/libweb/collections/courts/appellate/a5864-08.opn.html -- rank: 898
... on the ballot consistent with the public referendum provisions of N.J.S.A. 40:69A-185 (Section 185). In response to petitioner's challenge, the City ... a referendum in the municipality concerning the subject matter thereof. [N.J.S.A. 40:69A-185.] 'When a referendum petition is properly filed, the voters have ... 69A-1815 (Section 181) because the Legislature did not insert ' N.J.S.A. 40:69A-185 and 40:49-1'6 into the phrase: 'and the ...
docket: a5864-08
court: superior court appellate division
decided: 2009-12-17
status: published
citation: 411 N.J. Super. 135 984 A.2d 895
Document Size: 58228
4 Hon. Dana L. Redd v. Vance Bowman -- rank: 853
... the council” and challenged by referendum. Id. at 460 (quoting N.J.S.A. 40:69A-185). It also identified a panoply of statutes in which the ... in a referendum. Because the Legislature has made exceptions to N.J.S.A. 40:69A-185 with such precision in a multitude of statutes, we cannot ... initiative, N.J.S.A. 40:69A-184; and referendum, N.J.S.A. 40:69A-185. An ordinance, however enacted, that undermines an agreement reached by ... referendum petition meeting the statute’s requirements has been submitted. N.J.S.A. 40:69A-185 ; see Tumpson , supra , 218 N.J. at 468-72 (discussing ... to the referendum rule for municipal budgets,” because in N.J.S.A. 40:69A-185, the Legislature exempted local budget ordinances from the otherwise applicable ... that the ordinance should have been proposed by referendum under N.J.S.A. 40:69A-185, rather than by initiative under N.J.S.A. ...
docket: A-71-13
court: NJ Supreme Court
decided: 2015-08-11
status:
citation:
Document Size: 136130
5 EUGENIA C. MORAN v. BYRAM TOWNSHIP -- rank: 853
... 4-45.14 is subject to a referendum authorized by N.J.S.A. 40:69A-185, a provision of the Optional Municipal Charter Law commonly known ... that the ordinance was not subject to referendum pursuant to N.J.S.A. 40:69A-185 and, for that reason, dismissed the complaint. This appeal followed ... 45.14 is subject to repeal by referendum pursuant to N.J.S.A. 40:69A-185 — is one of statutory interpretation, requiring de novo review ... 04-75 , 192 N.J. 446 (2007). The pertinent statute, N.J.S.A. 40:69A-185, begins with a broad grant: "The voters shall also have ... Faulkner Act. That intention is manifest in the terms of N.J.S.A. 40:69A-185 and N.J.S.A. 40A:4-45.14 and ... history and the statutory schemes. In part most pertinent here, N.J.S.A. 40:69A-185 provides: The voters shall also have the power of ...
docket: a5479-11
court: NJ Superior Court Appellate Division
decided: 2013-07-10
status: published
citation: 432 N.J.Super. 8 71 A.3d 905
Document Size: 40424
6 THE CITY OF OCEAN CITY v. JOSEPH SOMERVILLE, et al. THE CITY OF OCEAN CITY v. JOSEPH SOMERVILLE -- rank: 848
... the council, after which a referendum petition has been filed. N.J.S.A. 40:69A-185. Apropos of the latter, ordinances must be held in abeyance ... must be held in abeyance for twenty days after adoption. N.J.S.A. 40:69A-185, -191. The "salutary purposes" of both initiative and referendum include ... the provisions of [ N.J.S.A. 40:69A-181.]" N.J.S.A. 40:69A-185. The Legislature, however, exempted local budget ordinances from this twenty-day waiting period, N.J.S.A. 40:69A-185 in a multitude of statutes addressing municipal matters that should ... the MLUL in its exemption of a municipal matter from N.J.S.A. 40:69A-185, a State mandate embodied in a legislative enactment "that does ... thus preempts the Faulkner Act's general referendum provision of N.J.S.A. 40:69A-185. Lawrence v. Butcher , 130 N.J. Super. 209 , 212 ( ...
docket: A1982-06 a1982-06
court: NJ Superior Court Appellate Division
decided: 2007-09-13 2008-10-10
status: unpublished Published
citation: 403 N.J. Super. 345 958 A.2d 465
Document Size: 108980
7 Hudson County Chamber of Commerce, et al. v. City of Jersey City -- rank: 831
... Ordinance was enacted pursuant to enabling legislation set forth in N.J.S.A. 40:69A-185 of the Faulkner Act, a Committee of Petitioners submitted to ... On December 26, 1995, a Committee of Petitioners, pursuant to N.J.S.A. 40:69A-185 of the Faulkner Act, submitted to the Jersey City Clerk ... days of the final passage and approval of the ordinance. N.J.S.A. 40:69A-185. The Act then requires the municipal clerk to determine, within ... manner as provided by law." Ordinance , supra , 29-8(d). N.J.S.A. 40:69A-185 provides that no ordinance "shall take effect before twenty days ... by the mayor where such approval is required." See also N.J.S.A. 40:69A-185. The Act also provides specific time frames within which to ... s final passage and approval and its original effective date. N.J.S.A. 40:69A-185. Within twenty days of the filing of such a ...
docket: a-90-97
court: njsupreme
decided: 1998-04-09
status:
citation: 153 N.J. 254
Document Size: 56675
8 In re Petition for Referendum on City of Trenton Ordinance 09-02 -- rank: 806
... an ordinance upon the proper filing of a referendum petition. N.J.S.A. 40:69A-185. The City countered with a complaint seeking that the petition ... which a referendum petition has been filed as herein provided." N.J.S.A. 40:69A-185. In other words, members of the public dissatisfied, for any ... a referendum in the municipality concerning the subject matter thereof." N.J.S.A. 40:69A-185. This Court has stated that the Faulkner Act should be ... Ordinance 04-75 , 192 N.J. 446 , 450 (2007) (citing N.J.S.A. 40:69A-185, and the Municipal Utilities Law (MUL), N.J.S.A ... the power to challenge an ordinance by referendum afforded by N.J.S.A. 40:69A-185. Because there is no clear evidence of such an intention ... filed a petition for referendum pursuant to the Faulkner Act, N.J.S.A. 40:69A-185. According to the citizens, they opposed the sale because " ...
docket: a-70-09
court: supreme
decided: 2010-04-06
status:
citation: 201 N.J. 349 990 A.2d 1109
Document Size: 111478
9 ERIC VOLPE v. JAMES FARINA -- rank: 780
... Hoboken, which is organized under the Faulkner Act. By enacting N.J.S.A. 40:69A-185, the Legislature provided voters in Faulkner Act municipalities the right ... which a referendum petition has been filed as herein provided." N.J.S.A. 40:69A-185. On February 16, 2011, the Hoboken City Council (Council) introduced ... required for a properly filed petition for referendum pursuant to N.J.S.A. 40:69A-185. Due to the fact that your original documents as originally ... to the March 30, 2011 referendum petition as required by N.J.S.A. 40:69A-185 et. Seq., in particular as required by N.J.S ... if the provisions of the Faulkner Act are complied with. N.J.S.A. 40:69A-185 provides in pertinent part: No ordinance passed by the municipal ... must be submitted to and filed by the municipal clerk. N.J.S.A. 40:69A-185. The parties do not dispute that the original petition ...
docket: a5454-10
court: NJ Superior Court Appellate Division
decided: 2013-05-29
status: published
citation: 431 N.J.Super. 164 67 A.3d 660
Document Size: 52904
10 ROBERT FUHRMAN v. APPELLATE DIVISION HEATHER MAILANDER -- rank: 752
... The initiative petition 'shall be filed with the municipal clerk.' N.J.S.A. 40:69A-185. 'Nothing in the statute suggests that the [municipal] clerk can ... polls any ordinance submitted by the Council to the voters. N.J.S.A. 40:69A- 185. To that end: All petition papers comprising an initiative or ...
docket: a0080-20
court: NJ Superior Court Appellate Division
decided: 2020-03-09
status: Published
citation:
Document Size: 67826
11 IRIS HERNANDEZ-TURNER et al. v. and JERRY HANNAN -- rank: 721
... various city ordinances contains 1,526 signatures. By law, specifically N.J.S.A. 40:69A-185, if your petition is a referendum petition, it requires 9 ... than the more rigorous standards of the general referendum statute, N.J.S.A. 40:69A-185. The City answered alleging that Ordinance 112 was not a ... scope of said statute." We disagree. The general referendum statute, N.J.S.A. 40:69A-185, provides in pertinent part: The voters shall also have the ... which a referendum petition has been filed as herein provided. [ N.J.S.A. 40:69A-185.] The statute provides that any ordinance shall be suspended from ... S.A. 40A:9-165, the salary referendum provision, and N.J.S.A. 40:69A-185, the general referendum provision, relate to the same or similar ... The statutes may thus be construed in harmony by regarding N.J.S.A. 40:69A-185 as dealing with ordinances in general, with the exception ...
docket: a6668-05
court: njappellate
decided: 2007-08-02
status: unpublished
citation: *CITE_PENDING*
Document Size: 45847
12 HUDSON COUNTY CHAMBER OF COMMERCE V. CITY OF JERSEY CITY -- rank: 713
... Judge D'Italia, rendered it "suspended from taking effect" under N.J.S.A. 40:69A-185. If fifteen percent of the voters in the municipality sign ... 6,976 signatures, protesting the ordinance. He explained that under N.J.S.A. 40:69A-185, the number of signatures required for a "sufficient petition" was ... municipal clerk's verification of the sufficiency of the petitions, N.J.S.A. 40:69A-185. The judge found that the withdrawal of the petition and ... the number of signatures was insufficient. According to the judge, " N.J.S.A. 40:69A-185 says that the ordinance shall be suspended from taking effect ... as provided by law." Ordinance 95-117 29-7(D). N.J.S.A. 40:69A-185 provides: The voters shall also have the power of referendum ...
docket: a5572-95
court: njappellate
decided: 1997-04-22
status: published
citation: 310 N.J.Super. 208
Document Size: 37364
13 IN RE REFERENDUM PETITION TO REPEAL ORDINANCE 04-75 -- rank: 632
... validity of petitions seeking the rejection by referendum, pursuant to N.J.S.A. 40:69A-185, of Ordinance 04-75 adopted by the Trenton City Council ... that had been certified as complying with the requirements of N.J.S.A. 40:69A-185 and as a result of which the municipal clerk had ... 75 "not subject to the referendum provisions set forth in N.J.S.A. 40:69A-185[,]" and another portion of the same ordinance "subject to ratification ... is not subject to the referendum provisions set forth in N.J.S.A. 40:69A-185. City Ordinance 04-75, as it pertains to Section 1 ... subject to ratification by the voters as set forth in N.J.S.A. 40:69A-185 and the standards that statute sets for determining which ordinances ... 217 (App. Div.), certif. denied , 53 N.J. 80 (1968)).] N.J.S.A. 40:69A-185 grants voters in a Faulkner Act municipality, such as ...
docket: A2009-04
court: NJ Superior Court Appellate Division
decided: 2006-10-25
status: published
citation:
Document Size: 66510
14 HONORABLE DANA L. REDD v. VANCE BOWMAN -- rank: 617
... the council, against which a referendum petition has been filed . . . ." N.J.S.A. 40:69A-185. We have said that "[t]he 'salutary purposes' of both ...
docket: a5731-11
court: NJ Superior Court Appellate Division
decided: 2013-10-29
status: published
citation: 433 N.J.Super. 178 77 A.3d 1230
Document Size: 58583
15 THE GREAT ATLANTIC AND PACIFIC TEA COMPANY, INC. V. POINT PLEASANT -- rank: 584
... referendum" includes binding public actions only. To the same effect, N.J.S.A. 40:69A-185, a provision of the Faulkner Act, N.J.S.A ... the Legislature used "submitted" when referring to action by initiative, N.J.S.A. 40:69A-185. Both forms of action result in action that is binding ... act prohibited a binding referendum on a zoning amendment under N.J.S.A. 40:69A-185. Smith and Spillane recognized that binding actions, such as an ...
docket: a-112-93
court: njsupreme
decided: 1994-08-04
status:
citation: 137 N.J. 136
Document Size: 67039
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