Legal Opinion

Municipal Council of Newark v. James

Supreme Court of New Jersey

Decided May 24, 2005PublishedCited by 15 opinions

1Opinion of the CourtJustice Rivera-Soto

In our representative democracy, clashes of authority between branches of government are the means by which the tensions among them are defined and, ultimately, resolved. This appeal presents one such conflict, pitting the Municipal Council of the City of Newark against its Mayor.

We hold that, under the circumstances presented here, the statutory scheme of the Optional Municipal Charter Law, N.J.S.A. 40:69A-1 to -210 (the Faulkner Act), under which the City of Newark is organized, allocates the responsibility for initiating, negotiating, and signing contracts to the mayor of the municipality,…

2Cases cited16 opinions

  1. Merin v. MaglakiSupreme Court of New Jersey · 1992
  2. State v. MaguireSupreme Court of New Jersey · 1980
  3. Kimmelman v. Henkels & McCoy, Inc.Supreme Court of New Jersey · 1987
  4. David v. Vesta Co.Supreme Court of New Jersey · 1965
  5. Renz v. Penn Central Corp.Supreme Court of New Jersey · 1981

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3Cited by15 opinions

  1. Thompson v. City of Atlantic CitySupreme Court of New Jersey · 2007
  2. Stomel v. City of CamdenSupreme Court of New Jersey · 2007
  3. Thompson v. CITY OF ATLANTICNew Jersey Superior Court Appellate Division · 2006
  4. Timber Glen Phase III, LLC and Jsm at Timber Glen, LLC Vs.New Jersey Superior Court Appellate Division · 2015
  5. Dickson Ex Rel. Duberson v. Tp. of HamiltonNew Jersey Superior Court Appellate Division · 2008

10 more not listed; retrieve them via the Exa API.

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