Legal Opinion · Concurring in part, dissenting in part

In re the Contest of the November 8, 2005 General Election

Supreme Court of New Jersey

Decided November 8, 2007Published

1Concurring in part, dissenting in partJustice Rivera-Soto

To the extent the majority “do[es] not adopt the Appellate Division’s view that our modern pleading rules can be engrafted onto the [election contest] statute’s requirements so as to permit the [election contest] petition to be equated with a complaint, and therefore to be tested against liberal notice pleading coneepts[,]” ante at 570, 934 A.2d at 621, I concur. However, because the majority’s holding is premised on an incorrect impeachment of prior precedent and a failure to comply with the trial court’s lawful order, I respectfully dissent.

I

This appeal requires that we examine the…

2Cases cited12 opinions

  1. Reynolds v. SimsSupreme Court of the United States · 1964
  2. Wene v. MeynerSupreme Court of New Jersey · 1953
  3. Kilmurray v. GilfertSupreme Court of New Jersey · 1952
  4. Velazquez Ex Rel. Velazquez v. JiminezSupreme Court of New Jersey · 2002
  5. In Re Gray-SadlerSupreme Court of New Jersey · 2000

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