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9 New Jersey opinions name it 2 courts 2007–2015 0 in the last five years
The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
In Re Ordinance 04-75green2 sentences2015A governing body shall not finally adopt a budget until a certification of approval by the director has been received.” N.J.S.A. 40A:4-79. 7 As this Court noted in Ordinance 04-75, supra, the Faulkner Act's referendum provision "contains at least a partial, if not total, exception 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 twenty-day waiting period before they become effective. 192 N.J. at 465-66 , 931 A.2d 595 . 2015A governing body shall not finally adopt a budget until a certification of approval by the director has been received.” N.J.S.A. 40A:4-79. 7 As this Court noted in Ordinance 04-75, supra, the Faulkner Act's referendum provision "contains at least a partial, if not total, exception 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 twenty-day waiting period before they become effective. 192 N.J. at 465-66 , 931 A.2d 595 . | 2 | 7 |
Tumpson v. Farinagreen2 sentences2010For example, the Municipal Land Use Law (MLUL), N.J.SA 40:55D-1 to -129, provides that “[n]o zoning ordinance and no amendment or revision to any zoning ordinance shall be submitted to or adopted by initiative or referendum.” N.J.SA 40:55D-62(b); see also Tumpson v. Farina, 240 N.J.Super. 346, 351 , 573 A.2d 472 (App.Div.) (recognizing N.J.SA. 40:55D-62 as statutory exception to referendum statute), aff'd, 120 N.J. 55 , 575 A.2d 1368 (1990). 2010For example, the Municipal Land Use Law (MLUL), N.J.SA 40:55D-1 to -129, provides that “[n]o zoning ordinance and no amendment or revision to any zoning ordinance shall be submitted to or adopted by initiative or referendum.” N.J.SA 40:55D-62(b); see also Tumpson v. Farina, 240 N.J.Super. 346, 351 , 573 A.2d 472 (App.Div.) (recognizing N.J.SA. 40:55D-62 as statutory exception to referendum statute), aff'd, 120 N.J. 55 , 575 A.2d 1368 (1990). | 2 | 2 |
In Re Referendum Petition to Repeal Ordinance 04-75green2 sentences2007In re Referendum Petition to Repeal Ordinance 04-75, 388 N.J.Super. 405, 409, 415 , 908 A.2d 846 (App.Div.2006). 2007In re Referendum Petition to Repeal Ordinance 04-75, 388 N.J.Super. 405, 409, 415 , 908 A.2d 846 (App.Div.2006). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Tumpson v. Farina
green
2 sentences2010For example, the Municipal Land Use Law (MLUL), N.J.SA 40:55D-1 to -129, provides that “[n]o zoning ordinance and no amendment or revision to any zoning ordinance shall be submitted to or adopted by initiative or referendum.” N.J.SA 40:55D-62(b); see also Tumpson v. Farina, 240 N.J.Super. 346, 351 , 573 A.2d 472 (App.Div.) (recognizing N.J.SA. 40:55D-62 as statutory exception to referendum statute), aff'd, 120 N.J. 55 , 575 A.2d 1368 (1990). 2010For example, the Municipal Land Use Law (MLUL), N.J.SA 40:55D-1 to -129, provides that “[n]o zoning ordinance and no amendment or revision to any zoning ordinance shall be submitted to or adopted by initiative or referendum.” N.J.SA 40:55D-62(b); see also Tumpson v. Farina, 240 N.J.Super. 346, 351 , 573 A.2d 472 (App.Div.) (recognizing N.J.SA. 40:55D-62 as statutory exception to referendum statute), aff'd, 120 N.J. 55 , 575 A.2d 1368 (1990). | 2 | 2007–2010 |
City of Ocean City v. Somerville
green
1 sentence2013Yet, while the express language permitting the proposal by initiative of "'any ordinance' means 'all ordinances,' . . . no one disputes that the power of initiative is not without limitation." Ibid. (citing In Re Ordinance 04-75, 192 N.J. 446, 454, 460-61 (2007)). "[T]here are certain ordinances . . . which are simply not subject to initiative and referendum because of the subject matter involved or because they are statutorily excluded from the initiative and referendum provisions." Id. at 359 (citations omitted). 12 A-5731-11T4 For example, in In re Ordinance 04-75, supra, 192 N.J. at 465 , | 1 | 2013–2013 |
Cuprowski v. City of Jersey City
green
2 sentences2007Relying on a line of cases, beginning with Cuprowski v. City of Jersey City, 101 N.J.Super. 15, 23 , 242 A.2d 873 (Law Div.), affd o.b., 103 N.J.Super. 217 , 247 A.2d 28 (App.Div.), certif. denied, 53 N.J. 80 , 248 A.2d 433 (1968), which held that only legislative ordinances are subject to referendum, the court concluded that an ordinance dictating the organizational structure of a police department is administrative in nature and thus exempt from a referendum challenge. 2007Relying on a line of cases, beginning with Cuprowski v. City of Jersey City, 101 N.J.Super. 15, 23 , 242 A.2d 873 (Law Div.), affd o.b., 103 N.J.Super. 217 , 247 A.2d 28 (App.Div.), certif. denied, 53 N.J. 80 , 248 A.2d 433 (1968), which held that only legislative ordinances are subject to referendum, the court concluded that an ordinance dictating the organizational structure of a police department is administrative in nature and thus exempt from a referendum challenge. | 1 | 2007–2007 |
DiProspero v. Penn
green
2 sentences2007Because the statutory language ordinarily is the best indicator of the Legislature’s intent, DiProspero v. Penn, 183 N.J. 477, 492 , 874 A.2d 1039 (2005), we must look to the wording of the referendum statute. 2007Because the statutory language ordinarily is the best indicator of the Legislature’s intent, DiProspero v. Penn, 183 N.J. 477, 492 , 874 A.2d 1039 (2005), we must look to the wording of the referendum statute. | 1 | 2007–2007 |
CUPROWSKI v. City of Jersey City
green
2 sentences2007Relying on a line of cases, beginning with Cuprowski v. City of Jersey City, 101 N.J.Super. 15, 23 , 242 A.2d 873 (Law Div.), affd o.b., 103 N.J.Super. 217 , 247 A.2d 28 (App.Div.), certif. denied, 53 N.J. 80 , 248 A.2d 433 (1968), which held that only legislative ordinances are subject to referendum, the court concluded that an ordinance dictating the organizational structure of a police department is administrative in nature and thus exempt from a referendum challenge. 2007Relying on a line of cases, beginning with Cuprowski v. City of Jersey City, 101 N.J.Super. 15, 23 , 242 A.2d 873 (Law Div.), affd o.b., 103 N.J.Super. 217 , 247 A.2d 28 (App.Div.), certif. denied, 53 N.J. 80 , 248 A.2d 433 (1968), which held that only legislative ordinances are subject to referendum, the court concluded that an ordinance dictating the organizational structure of a police department is administrative in nature and thus exempt from a referendum challenge. | 1 | 2007–2007 |
Inganamort v. Borough of Fort Lee
green
2 sentences2007The language of N.J.S.A. 40:69A-185 and N.J.S.A. 40:74 — 5 is essentially the same. 7 The New Jersey Constitution does not contain a referendum clause permitting voters to directly challenge state or municipal legislative enactments. 8 N.J.S.A. 40:69A-185, in part, states: If within twenty days after such final passage and approval of such ordinance a petition protesting against the passage of such ordinance shall be filed with the municipal clerk and if the petition shall be signed by a number of legal voters of the municipality equal in number to at least 15% of the total votes cast in the m 2007The language of N.J.S.A. 40:69A-185 and N.J.S.A. 40:74 — 5 is essentially the same. 7 The New Jersey Constitution does not contain a referendum clause permitting voters to directly challenge state or municipal legislative enactments. 8 N.J.S.A. 40:69A-185, in part, states: If within twenty days after such final passage and approval of such ordinance a petition protesting against the passage of such ordinance shall be filed with the municipal clerk and if the petition shall be signed by a number of legal voters of the municipality equal in number to at least 15% of the total votes cast in the m | 1 | 2007–2007 |
Cuprowski v. City of Jersey City
green
2 sentences2007Relying on a line of cases, beginning with Cuprowski v. City of Jersey City, 101 N.J.Super. 15, 23 , 242 A.2d 873 (Law Div.), affd o.b., 103 N.J.Super. 217 , 247 A.2d 28 (App.Div.), certif. denied, 53 N.J. 80 , 248 A.2d 433 (1968), which held that only legislative ordinances are subject to referendum, the court concluded that an ordinance dictating the organizational structure of a police department is administrative in nature and thus exempt from a referendum challenge. 2007Relying on a line of cases, beginning with Cuprowski v. City of Jersey City, 101 N.J.Super. 15, 23 , 242 A.2d 873 (Law Div.), affd o.b., 103 N.J.Super. 217 , 247 A.2d 28 (App.Div.), certif. denied, 53 N.J. 80 , 248 A.2d 433 (1968), which held that only legislative ordinances are subject to referendum, the court concluded that an ordinance dictating the organizational structure of a police department is administrative in nature and thus exempt from a referendum challenge. | 1 | 2007–2007 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.