In Re the Burlington County Board of Chosen Freeholders for an Investigation of the Office of Sheriff

This appeal, on certification granted, 94 N.J. 587 (1983), calls for interpretation of N.J.S.A. 40A:5-22, a section of the Local Fiscal Affairs Law, N.J.S.A. 40A:5-1 to -42, that has been on the books in one form or another for over a century. See North Bergen Township v. Gough, 107 N.J.L. 424, 427 (Sup.Ct.1931). In its current form the statute permits a judge of the Superior Court, in his discretion and in response to a petition of twenty-five taxpayers or a resolution of the governing body, to make a summary investigation into the affairs of any local unit.

The Burlington County Board of…