Legal Opinion
Booker v. Rice
New Jersey Superior Court Appellate Division
Decided July 5, 2013PublishedCited by 2 opinions
1Opinion of the Court
The opinion of the court was delivered by
FISHER, P.J.A.D.
In this appeal, we consider whether a vacancy on the Newark Municipal Council was validly filled in a manner consistent with the Municipal Vacancy Law, N.J.S.A. 40A:16-1 to -23, when, of the eight remaining councilmembers, four voted “yes,” two voted “no,” and two abstained. The affirmative voters took the position that this created a four-four deadlock, which, in their view, authorized the mayor to vote, pursuant to N.J.S.A. 40A-.16-8; the mayor *551voted in favor of plaintiff Shanique Davis Speight. Because an abstention in this context…
2Cases cited11 opinions
- Aurentz v. Planning Board of Little Egg HarborNew Jersey Superior Court Appellate Division · 1979
- Mann v. HOUSING AUTHORITY, PATERSONNew Jersey Superior Court Appellate Division · 1952
- Kozusko v. GarretsonSupreme Court of New Jersey · 1926
- Smith v. Borough of Barnegat LightNew Jersey Superior Court Appellate Division · 1987
- Garner v. Mountainside Board of AdjustmentNew Jersey Superior Court Appellate Division · 1986
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3Cited by2 opinions
- Zimmer v. CastellanoNew Jersey Superior Court Appellate Division · 2013
- LINDEN DEMOCRATIC COMMITTEE VS. CITY OF LINDEN (C-000019-19, UNION COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2021