Legal Opinion

Matthews v. City of AtLantic City

Supreme Court of New Jersey

Decided July 30, 1980Published

1DissentClifford, J.

By manufacturing a “three-tier” analysis of equal protection claims the Court has created a veil of tiers which shrouds this essential issue: whether the two-year residency requirement for municipal office here is reasonably related to legitimate government objectives. I would hold that it is.

The provision under attack is found in N.J.S.A. 40:72-1, part of the Walsh Act, which sets forth the commission form of government. It requires that “[e]ach member [of the municipal governing body] shall have been a citizen and resident of the municipality for at least two years immediately preceding his…

Also in this document: Concurrence.

2Cases cited15 opinions

  1. Dunn v. BlumsteinSupreme Court of the United States · 1972
  2. Massachusetts Board of Retirement v. MurgiaSupreme Court of the United States · 1976
  3. Bullock v. CarterSupreme Court of the United States · 1972
  4. McDonald v. Board of Election Comm'rs of ChicagoSupreme Court of the United States · 1969
  5. Lubin v. PanishSupreme Court of the United States · 1974

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