County of Gloucester v. State

The opinion of the Court was delivered by

CLIFFORD, Justice.

We granted certification, 130 N.J. 398, 614 A.2d 620 (1992), to determine whether current prison overcrowding constitutes an “emergency” within the meaning of the Disaster Control Act, N.J.S.A. App.A:9-30 to -63. Because the Appellate Division concluded that an “emergency” as contemplated by that Act no longer existed, it invalidated the then-existing Executive Order (No. 52), which had authorized the housing of State prisoners in county jails. 256 N.J.Super. 143, 152-53, 606 A. 2d 843 (1992). The Appellate Division directed that its…