Hudson County Chamber of Commerce v. City of Jersey City

This appeal involves the validity of a payroll tax ordinance adopted by the City of Jersey City (“City”) on December 6, 1995. More specifically, this case questions whether, under the referendum provisions of the Faulkner Act, N.J.S.A 40:69A-184 to -196, a filed but insufficient referendum petition, which was never cured and ultimately withdrawn, delayed the effective date of that ordinance.

The majority affirms the Appellate Division and finds that the ordinance did not take effect until January 1996, after its statutory authorization had expired. See N.J.S.A 40:48C-19 (1994), amended by…