Opinion

Northwest Bergen County Utilities Authority v. Kathleen A. Donovan (075060)

  • 226 N.J. 432
  • 143 A.3d 290
  • 2016 N.J. LEXIS 853
Court
Supreme Court of New Jersey
Filed
Aug 15, 2016
Status
Published
Author
Patterson
On the bench
Lavecchia, Solomon, Rabner, Albin, Fernandez-Vtna, Cuff, Lavecchia'S, Patterson, Solómon
Cited by
20 cases

holding that, "[s]tatutes that deal with the same matter or subject should be read in pari materia and construed together as a unitary and harmonious whole" (alteration in original) (quoting St. Peter's Univ. Hosp. v. Lacy, 185 N.J. 1, 14-15, 878 A.2d 829 (2005) )

How later courts described this case

  • holding that, "[s]tatutes that deal with the same matter or subject should be read in pari materia and construed together as a unitary and harmonious whole" (alteration in original) (quoting St. Peter's Univ. Hosp. v. Lacy, 185 N.J. 1, 14-15, 878 A.2d 829 (2005) )
  • stating that "[s]tatutes that deal with the same matter or subject should be read in pari materia and construed together as a 'unitary and harmonious whole'" (alteration in original) (quoting Saint Peter's Univ. Hosp. v. Lacy, 185 N.J. 1, 14-15 (2005))

Written by the judges who cited it.

The opinion

Justice PATTERSON,

concurring and dissenting.

I join the Court’s opinion insofar as it holds that defendant Kathleen A. Donovan, County Executive of the County of Bergen (County Executive), lacked the authority to remove the commissioners of the Northwest Bergen County Utilities Authority (Authority), under the applicable provisions of the Optional County Charter Law, N.J.S.A. 40:41A-31 to -37, and the Municipal and County Utilities Authorities Law, N.J.S.A. 40:14B-1 to -78. See ante at 477-52, 143 A.3d at 299-302. I also join the Court’s opinion to the extent that it holds that the County Executive had the authority, pursuant to N.J.S.A. 40:41A-38(p), to reject by veto *463 the Authority commissioners’ authorization of health benefits for themselves. See ante at 453-57, 143 A.3d at 302-03. I respectfully disagree with the Court’s holding that the County Executive lacked authority under N.J.S.A. 40:41A-38(p) to veto the Authority’s minutes providing for the payment of salaries to Authority commissioners. I join Justice Solomon’s concurring and dissenting opinion with respect to that issue. See ante at 455-59, 143 A.3d at 304-06 (Solomon, J., concurring in part and dissenting in part).

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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