Roman v. Sharper, No. A--109
| Court | United States State Supreme Court (New Jersey) |
| Writing for the Court | PER CURIAM |
| Citation | 250 A.2d 745,53 N.J. 338 |
| Decision Date | 05 March 1969 |
| Docket Number | No. A--109 |
| Parties | Walter ROMAN, Plaintiff-Respondent, v. Horace P. SHARPER, Intervenor-Appellant, v. Harry REICHENSTEIN, City Clerk of the City of Newark, New Jersey, and City of Newark, New Jersey, a Municipal Corporation, Defendants. |
Page 338
v.
Horace P. SHARPER, Intervenor-Appellant,
v.
Harry REICHENSTEIN, City Clerk of the City of Newark, New
Jersey, and City of Newark, New Jersey, a
Municipal Corporation, Defendants.
Decided March 5, 1969.
Page 339
Joel L. Leibowitz, Newark, for appellant (Edward S. Snyder, Elizabeth, on the brief, Rudd, Ackerman & Breitkopf, Newark, attorneys).
David Friedland, Jersey City, for respondent Roman (Friedland, Schneider & Friedland, Jersey City, attorneys).
Anthony J. Juliani, Newark, for City Clerk.
Rita L. Bender, Newark, submitted brief on behalf of Community Legal Action Workshop of Roger Baldwin Foundation of American Civil Liberties Union of New Jersey amicus curiae (Stephen M. Nagler, New York City, of counsel).
Robert Tessler, Newark, submitted a brief on behalf of intervenor Leon Ewing (Yankowitz & Tessler, Newark, attorneys).
Page 340
The opinion of the court was delivered
PER CURIAM.
A petition for the recall of the councilman elected from the South Ward of the City of Newark was filed with the City Clerk, who, finding the petition sufficient, [250 A.2d 746] notified the incumbent that a recall election would be scheduled. This suit was brought to restrain the election. The trial court gave judgment for plaintiff upon the ground that the signatures were insufficient in number. We certified the appeal before argument in the Appellate Division.
The City of Newark is governed by the Optional Municipal Charter Law. The statute provides, N.J.S.A. 40:69A--169:
'A recall petition * * * shall be signed by qualified voters equal in number to at least twenty-five per centum (25%) of the registered voters of the municipality * * *.'
Under some of the plans of government created by that statute, councilmen are elected from wards, and that is the case in Newark. The recall petition was signed by 11,300 of the registered voters of the South Ward, which exceeds 25% Of the total of 30,155 such voters of that ward, but is less than 25% Of the total registered voters in the City, who number 136,861. The trial court held that the petition must be signed by at least 25% Of the total registered voters of the City. Upon one reading of the statute, the view of the trial court could be said to be correct, but we think the result is at odds with the sense of the situation.
Plaintiff contends that 'qualified voters' means only 'registered voters.' Upon that reading, a recall could be initiated by voters who reside outside the ward and who therefore could not vote for the recall or for a...
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State v. Szemple
...Page 432 likely accords with the probable legislative intent." Wissell, supra, 68 N.J. at 43, 342 A.2d 199; see also Roman v. Sharper, 53 N.J. 338, 342, 250 A.2d 745 (1969) (holding The language to the effect that the clergyperson "shall not be compelled" to disclose suggests that the clerg......
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Instructional Systems, Inc. v. Computer Curriculum Corp.
...licensee's own in circumstances in which the licensee presents itself as a unit, or the alter ego, of the licensor. Cf. Roman v. Sharper, 53 N.J. 338, 342, 250 A.2d 745 (1969) (holding that legislative intent effected "by adding inferentially" the phrase "qualified to vote" to the language ......
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Raybestos-Manhattan, Inc. v. Glaser, RAYBESTOS-MANHATTA
...382, 390, 316 A.2d 449 (1974); N.J. Builders, Owners & Managers Ass'n v. Blair, 60 N.J. 330, 338, 288 A.2d 855 (1972); Roman v. Sharper, 53 N.J. 338, 342, 250 A.2d 745 (1969). Section 2(e) is ambiguous. Where two competing interpretations suggest themselves the judicial inquiry is directed ......
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American Cyanamid Co. v. State, Dept. of Environmental Protection
...a reasonable approach if we can." Sabella v. Lacey Tp., 204 N.J. Super. 55, 60, 497 A.2d 896 (App.Div.1985). See also Roman v. Sharper, 53 N.J. 338, 341, 250 A.2d 745 (1969). Imputing to the Legislature an intent which will result in imposition of what amounts to an impossible burden on an ......
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State v. Szemple
...Page 432 likely accords with the probable legislative intent." Wissell, supra, 68 N.J. at 43, 342 A.2d 199; see also Roman v. Sharper, 53 N.J. 338, 342, 250 A.2d 745 (1969) (holding The language to the effect that the clergyperson "shall not be compelled" to disclose suggests that the clerg......
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Instructional Systems, Inc. v. Computer Curriculum Corp.
...licensee's own in circumstances in which the licensee presents itself as a unit, or the alter ego, of the licensor. Cf. Roman v. Sharper, 53 N.J. 338, 342, 250 A.2d 745 (1969) (holding that legislative intent effected "by adding inferentially" the phrase "qualified to vote" to the language ......
-
Raybestos-Manhattan, Inc. v. Glaser, RAYBESTOS-MANHATTA
...382, 390, 316 A.2d 449 (1974); N.J. Builders, Owners & Managers Ass'n v. Blair, 60 N.J. 330, 338, 288 A.2d 855 (1972); Roman v. Sharper, 53 N.J. 338, 342, 250 A.2d 745 (1969). Section 2(e) is ambiguous. Where two competing interpretations suggest themselves the judicial inquiry is directed ......
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American Cyanamid Co. v. State, Dept. of Environmental Protection
...a reasonable approach if we can." Sabella v. Lacey Tp., 204 N.J. Super. 55, 60, 497 A.2d 896 (App.Div.1985). See also Roman v. Sharper, 53 N.J. 338, 341, 250 A.2d 745 (1969). Imputing to the Legislature an intent which will result in imposition of what amounts to an impossible burden on an ......