# McCann v. Clerk of City of Jersey City

> Supreme Court of New Jersey · June 1, 2001 · 167 N.J. 311

URL: https://www.frixlaw.com/law-library/cases/9728421

## Case

- **Full name:** Gerald McCann, Plaintiff-Appellant, v. Clerk of the City of Jersey City, Defendant, and Louis Manzo, Defendant-Intervenor-Respondent
- **Court:** Supreme Court of New Jersey
- **Decided:** June 1, 2001
- **Citations:** 167 N.J. 311; 771 A.2d 1123; 2001 N.J. LEXIS 657
- **Precedential status:** Published
- **Opinion:** Concurring in part by Coleman
- **Judges:** Stein, Coleman, Long, Lavecchia
- **Cited by:** 68 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9728421

## How later opinions describe it (automated extraction)

- noting that intermediate scrutiny applies “when an act involves a semi-suspect class”
- finding that the Legislature intended two distinct standards for forfeiture of office when it used different language in two subsections of the Act
- noting that intermediate scrutiny applies “when an act involves a semi-suspect *261 class”

## Opinion text

COLEMAN, J.,
concurring in part and dissenting in part.
I concur in the Court’s determination in Point III of its opinion that petitioner Gerald McCann is barred by the Faulkner Act, N.J.S.A. 40:69A-166, from becoming a candidate for the office of Mayor of the City of Jersey City. I disagree with the Court’s conclusion in Point II that the New Jersey Code of Criminal Justice’s disqualification provision, N.J.S.A. 2C:51-2d, does not similarly bar him from running for the office of Mayor. I would, therefore, affirm the judgment of the Appellate Division barring his candidacy under both statutory schemes substantially for the reasons expressed by Judge Petrella in his well-reasoned opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9728421. Public record. Not legal advice.