Search Rutgers Law Library N.J. Court Opinions

1 IN RE: PETITION FOR REFERENDUM OF THE CITY OF MARGATE CITY -- rank: 1000

... Walsh Act. The Walsh Act contains a separate referendum provision, N.J.S.A. 40:74-5, which excludes "ordinances authorizing an improvement or the incurring of ... in a written decision that the case was controlled by N.J.S.A. 40:74-5, and that this provision exempts municipalities organized under the Walsh ... Plaintiffs appeal from the final judgment memorializing this decision. II. N.J.S.A. 40:74-5 was part of the original Walsh Act, which was enacted ... Rule Act. The court concluded that the original version of N.J.S.A. 40:74-5, which dealt generally with a petition for a public referendum ... result of the 1937 revision of the New Jersey statutes, N.J.S.A. 40:74-5 now prevails over the referendum provisions of N.J.S ... and specifically prohibits a public referendum regarding such an ordinance. N.J.S.A. 40:74-5, as revised in 1937 with the new language added ...

docket:	a2475-10
court:	NJ Superior Court Appellate Division
decided:	2012-02-14
status:	published
citation:	424 N.J. Super. 242 37 A.3d 528
Document Size:	33607

2 COMMITTEE OF FOR THE REPEAL OF ORDINANCE NUMBER 522 v. DONNA L. FREDERICK -- rank: 880

... improvement indebtedness, in a municipality formed under the Walsh Act, N.J.S.A. 40:74-5. I. On May 3, 2013, the Borough introduced and passed ... Santora. The petition expressed it was drawn in compliance with N.J.S.A. 40:74-5, and contained the names and addresses of four of the ... number of Members of the Committee of Petitioners as per N.J.S.A. 40:74-5." Second, the notarized month on two of the forms was ... not be forwarded to the Board of Commissioners pursuant to N.J.S.A. 40:74-5." In response, plaintiff amended the petition. Anthony J. Santora's ... original petition, modified in a manner she found unacceptable because N.J.S.A. 40:74-5 required a petition to identify five committee members prior to ... defendants assert the trial court erred by failing to harmonize N.J.S.A. 40:74-5 of the Walsh Act and N.J.S.A. ...

docket:	a0870-13
court:	NJ Superior Court Appellate Division
decided:	2014-05-15
status:	published
citation:	435 N.J.Super. 552 89 A.3d 1270
Document Size:	50043

3 Baltuskonis v. City of Wildwood -- rank: 710

... to the vote of the electors of the municipality. [ 3 N.J.S.A. 40 :74-5 .] An exception to this right to referendum occurs when the ...

docket:	baltuskonis-wildwood
court:	NJ Superior Court Law/Chancery Division
decided:	2015-02-18
status:
citation:
Document Size:	41061

4 In re Referendum Petition to Repeal Ordinance 04-75 -- rank: 674

... 6 We note that Menendez , supra , involved the application of N.J.S.A. 40:74-5, the referendum statute that governs Walsh Act municipalities. 211 N ... language of N.J.S.A. 40:69A-185 and N.J.S.A. 40:74-5 is essentially the same. Footnote: 7 The New Jersey Constitution ...

docket:	a-94-06
court:	njsupreme
decided:	2007-09-26
status:
citation:	192 N.J. 446
Document Size:	79157

5 IN RE: PETITION FOR REFERENDUM TO REPEAL ORDINANCE 2354-12 OF THE TOWNSHIP OF WEST ORANGE v. THE TOWNSHIP OF WEST ORANGE -- rank: 568

... governed by N.J.S.A. 40:49-27, and N.J.S.A. 40:74-5 did not abolish the right to petition for a referendum ... 49. 2 The Walsh Act contains a separate referendum provision, N.J.S.A. 40:74-5, which excludes "ordinances authorizing an improvement or the incurring of ...

docket:	a6181-11
court:	NJ Superior Court Appellate Division
decided:	2013-07-23
status:	unpublished
citation:
Document Size:	23625