Matthews v. Deane
| Decision Date | 13 January 1986 |
| Citation | 206 N.J.Super. 608,503 A.2d 376 |
| Parties | Michael J. MATTHEWS, Mayor of the City of Atlantic City, Plaintiff-Appellant, v. Adelaide DEANE, The City Clerk of the City of Atlantic City, and James W. Masland, III, Defendants-Respondents. |
| Court | New Jersey Superior Court — Appellate Division |
Tort, Jacobs, Todd & Bruso, for plaintiff-appellant (Edwin J. Jacobs, Jr., Atlantic City on the brief).
Eisenstat, Gabage & Berman, for defendant-respondent James W. Masland, III (Gerald M. Eisenstat and Suzanne Pasley, Vineland, on the brief).
Before Judges FRITZ, BRODY and GAYNOR.
In this appeal, plaintiff attacks the validity of a recall election that resulted in his being deposed as mayor of Atlantic City. Following the entry of judgment in the trial court, plaintiff pleaded guilty to federal racketeering charges. As a consequence, he is "forever disqualified" from the holding of public office in New Jersey. N.J.S.A. 2C:51-2. Accordingly, his appeal is moot with respect to all issues raised below from which this appeal is taken.
While it is clear that we may determine a moot appeal when the public interest in the issues presented is so great as to make their resolution desirable, Busik v. Levine, 63 N.J. 351, 364, 307 A.2d 571 (1973), app. dism. 414 U.S. 1106, 38 L.Ed.2d 733 (1973), we think the circumstances of the matter before us bespeak restraint. The very nature of the controversy here and the issues it presents suggest that we should not indulge in that which would constitute an advisory opinion with respect to the policy questions involved. We are satisfied we should leave them to be decided in the milieu of the factual situation which requires their decision. De Rose v. Byrne, 139 N.J.Super. 132, 353 A.2d 100 (App.Div.1976).
In such case, our opinion should not be construed as either approval or disapproval of that which is said in the published trial court opinions in the matter: 196 N.J.Super. 428, 483 A.2d 224 (Ch.Div.1984); 196 N.J.Super. 441, 483 A.2d 232 (Ch.Div.1984); 201 N.J.Super. 583, 493 A.2d 632 (Ch.Div.1984). De Rose v. Byrne, supra 139 N.J.Super. at 134, 353 A.2d 100.
Appeal dismissed.
To continue reading
Request your trial
-
Alan J. Cornblatt, P.A. v. Barow
...(rejecting the application of Rule 1:4-4(b) to a statutory oath requirement for petition circulators), appeal dismissed, 206 N.J.Super. 608, 503 A.2d 376 (App.Div.1986). The Affidavit of Merit Bill is the exclusive authority governing the document to be filed. The statute requires the profe......
-
State v. Marshall
...as prejudice of the judge." Matthews v. Deane, 196 N.J.Super. 441, 447, 483 A.2d 232 (Ch.Div.1984), appeal dismissed, 206 N.J.Super. 608, 503 A.2d 376 (App.Div.1986). We also acknowledge that it is not necessary to prove actual prejudice on the part of the court, and that the mere appearanc......
-
Cornblatt v. Barow
...and dispositive. See, e.g., Matthews v. Deane, 196 N.J.Super. 428, 437, 483 A.2d 224 (Ch.Div.1984), appeal dismissed, 206 N.J.Super. 608, 503 A.2d 376 (1986). Moreover, the case management order required the production by defendant of an expert's "affidavit." A court may not ignore or modif......