Town of Harrison Board of Education v. Netchert

BARISO, A.J.S.C.

This case presents an interesting conundrum: whether a referendum question that plaintiff concedes has no actual legal effect on the relationship between the parties nonetheless should be barred. Plaintiff Town of Harrison Board of Education (“Harrison BOE”) filed a verified complaint in lieu of prerogative writs seeking an order restraining defendant Barbara Netchert (“Netchert”), in her capacity as Hudson County Clerk, from printing a nonbinding referendum question, submitted by the Borough of East Newark’s mayor and governing body (“East Newark”), on the ballot for the…