Opinion

In Re Referendum on City of Trenton Ordinance 09-02

  • 201 N.J. 349
  • 990 A.2d 1109
  • 2010 N.J. LEXIS 380
Court
Supreme Court of New Jersey
Filed
Apr 6, 2010
Status
Published
Author
Rabner
On the bench
Referendum, City, Ordinance, Rabner
Cited by
58 cases
Authority
More cited than 7.2%

stating that referendum power “is an exercise in democracy that profoundly affects the relationship between the citizens and their government by afford *481 ing the people the last word if they choose to take a stand against the wisdom of an ordinance that the government has enacted”

How later courts described this case

  • stating that referendum power “is an exercise in democracy that profoundly affects the relationship between the citizens and their government by afford *481 ing the people the last word if they choose to take a stand against the wisdom of an ordinance that the government has enacted”
  • holding that “we owe no deference to the trial court’s legal conclusions” (citing Manalapan Realty Realty v. Twp. Comm. of Manalapan, 140 N.J. 366, 378, 658 A.2d 1230 (1995))
  • noting that Court must read statute’s sections “‘to provide a harmonious whole’” (quoting Burnett v. Cnty. of Bergen, 198 N.J. 408, 421 (2009)). The plain language of N.J.S.A. 2C:52-2(a
  • stating that when reviewing two separate statutes addressing the same subject matter, courts must read the statutes in pari materia and attempt to reconcile them

Written by the judges who cited it.

The opinion

Chief Justice RABNER,

dissenting.

I would affirm the judgment of the Appellate Division substantially for the reasons expressed in Judge Carchman’s thoughtful opinion. In re Petition for Referendum on Trenton Ordinance 09-02, 411 N.J.Super. 135 , 984 A.2d 895 (App.Div.2009).

For reversal—Justices LONG, LaVECCHIA, ALBIN, WALLACE and HOENS—5.

For affirmance—Chief Justice RABNER—1.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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