Legal Opinion

Township of Mount Laurel v. Department of the Public Advocate

Supreme Court of New Jersey

Decided July 21, 1980PublishedCited by 39 opinions

1Opinion of the Court

The opinion of the Court was delivered by

CLIFFORD, J.

This appeal challenges the constitutionality of the “Department of the Public Advocate Act of 1974,” N.J.S.A. 52:27E-1 to -47. Plaintiffs, a township and two of its resident taxpayers, assert two constitutional infirmities in the statute: (1) the discretionary authority delegated to the Public Advocate is so broad as to violate the separation of powers provision of the New Jersey Constitution, Article 3, paragraph 1; and (2) the Public Advocate spends public funds for private purposes, in violation of Article 8, section 3, paragraph 3. In…

2Cases cited25 opinions

  1. A. L. A. Schechter Poultry Corp. v. United StatesSupreme Court of the United States · 1935
  2. Panama Refining Co. v. RyanSupreme Court of the United States · 1935
  3. State v. LeonardisSupreme Court of New Jersey · 1977
  4. Federal Communications Commission v. RCA Communications, Inc.Supreme Court of the United States · 1953
  5. Southern Burlington County N.A.A.C.P. v. Township of Mount LaurelSupreme Court of New Jersey · 1975

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3Cited by39 opinions

  1. State v. SchmidSupreme Court of New Jersey · 1980
  2. George Harms Construction Co. v. New Jersey Turnpike AuthoritySupreme Court of New Jersey · 1994
  3. Knight v. City of MargateSupreme Court of New Jersey · 1981
  4. Worthington v. FauverSupreme Court of New Jersey · 1982
  5. State v. BellSupreme Court of New Jersey · 1982

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