Search Rutgers Law Library N.J. Court Opinions

1 LINDEN DEMOCRATIC COMMITTEE v. CITY OF LINDEN -- rank: 1000

... individuals and resolved that the seat remain vacant pursuant to N.J.S.A. 40A:16-5(b) (Section 5). Relying on N.J.S.A. 40A ... a roll [sic] for the municipal committee. Please refer to N.J.S.A. 40A:16-5, for the process and the time lines it establishes.' However ... until the 2019 [g]eneral [e]lection as permitted by N.J.S.A. 40A:16-5(b),' and it respectfully denied the Committee's request to ... may fill the vacancy temporarily by appointment as hereinafter provided.' N.J.S.A. 40A:16-5(b) (emphases A-1759-19 6 added). According to defendants ... his or her political party in the November general election, N.J.S.A. 40A:16-5 and -11. In this case, we primarily focus on these ... may fill the vacancy temporarily by appointment as hereinafter provided. [ N.J.S.A. 40A:16-5 (emphases added).] 5 Under either subsection, it would be ...

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

2 /usr/local/share/www/libweb/collections/courts/supreme/a-30-21.opn.html -- rank: 997

... what the city attorney identified as “[its] right under [N.J.S.A. 40A:16-5(b)] to maintain a vacancy in the 8th Ward,� ... orders, determining that the City Council had the authority under N.J.S.A. 40A:16-5 to decline to fill the vacancy. 469 N.J. Super ... fill the vacancy temporarily by appointment as hereinafter provided.” N.J.S.A. 40A:16-5(b) (emphases added). Importantly, the word “may” in that ... member of the City Council. The Appellate Division -- relying on N.J.S.A. 40A:16-5 (Section 5) -- reversed the Chancery Division, concluding that the City ... a vacancy until the November 2019 General Election” pursuant to N.J.S.A. 40A:16-5(b). Despite the action taken by the City Council, Chairman ... that the City Council had “exercised [its] right under [N.J.S.A. 40A:16-5(b)] to maintain a vacancy in the 8th Ward” ...

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

3 /usr/local/share/www/libweb/collections/courts/appellate/a-30-21.opn.html -- rank: 997

... what the city attorney identified as “[its] right under [N.J.S.A. 40A:16-5(b)] to maintain a vacancy in the 8th Ward,� ... orders, determining that the City Council had the authority under N.J.S.A. 40A:16-5 to decline to fill the vacancy. 469 N.J. Super ... fill the vacancy temporarily by appointment as hereinafter provided.” N.J.S.A. 40A:16-5(b) (emphases added). Importantly, the word “may” in that ... member of the City Council. The Appellate Division -- relying on N.J.S.A. 40A:16-5 (Section 5) -- reversed the Chancery Division, concluding that the City ... a vacancy until the November 2019 General Election” pursuant to N.J.S.A. 40A:16-5(b). Despite the action taken by the City Council, Chairman ... that the City Council had “exercised [its] right under [N.J.S.A. 40A:16-5(b)] to maintain a vacancy in the 8th Ward” ...

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