Search Rutgers Law Library N.J. Court Opinions

1 KAREN DeSOTO v. HARVEY SMITH et al. -- rank: 1000

... complaint, plaintiff appealed to this court. Plaintiff first claims that N.J.S.A. 40A:9-131, which allows the council president to serve as acting mayor ... officer is participating in the action. Because plaintiff argued that N.J.S.A. 40A:9-131 was unconstitutional, the rule required that she notify the Attorney ... s functions, as they had authority to counter his action. N.J.S.A. 40A:9-131 specifically provides for the council president to serve as acting ... denied , 44 N.J. 400 (1965). Next plaintiff argues that N.J.S.A. 40A:9-131, has been "impliedly repealed" by the more recently enacted Municipal ... until election of the new mayor. We do not agree. N.J.S.A. 40A:9-131 provides that "[i]n every municipality, unless otherwise provided by ... by operation of law, the council president becomes "acting mayor." N.J.S.A. 40A:9-131. Notably, although our legislature has enacted a statute permitting ...

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