Baltuskonis v. City of Wildwood

MENDEZ, A.J.S.C.

This matter comes before the court upon the application of plaintiff, challenging the city of Wildwood’s (“Wildwood” or “the city”) determination that the provision of Wildwood Ordinance No. 1008-14, adopted pursuant to N.J.S.A. 40A:4-45.15a, commonly known as a “cap bank” ordinance, is not subject to referendum. Plaintiff is a resident and taxpayer of Wildwood, a municipality whose government is organized pursuant to the Walsh Act, N.J.S.A. 40:70-1. Plaintiff brings this claim as a taxpayer challenging the validity of defendant’s actions in denying a referendum vote on the…