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

> Supreme Court of New Jersey · August 15, 2016 · 226 N.J. 432

URL: https://www.frixlaw.com/law-library/cases/9835450

## Case

- **Full name:** Northwest Bergen County Utilities Authority, Plaintiff-Appellant and Cross-Respondent, v. Kathleen A. Donovan, County Executive of the County of Bergen, and County of Bergen, Defendants-Respondents and Cross-Appellants, and Bergen County Board of Chosen Freeholders, Defendant
- **Court:** Supreme Court of New Jersey
- **Decided:** August 15, 2016
- **Citations:** 226 N.J. 432; 143 A.3d 290; 2016 N.J. LEXIS 853
- **Precedential status:** Published
- **Opinion:** Concurring in part by Patterson
- **Judges:** Lavecchia, Solomon, Rabner, Albin, Fernandez-Vtna, Cuff, Lavecchia'S, Patterson, Solómon
- **Cited by:** 20 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/9835450

## How later opinions describe it (automated extraction)

- 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))

## Opinion text

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).

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9835450. Public record. Not legal advice.