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Adam M. Finkel, Catherine M. Kavanaugh and James J. Wulf v. Township Committee of the Township of Hopewell and Paula Sollami-Covello, in Her Capacity as Clerk of the County of Mercer

NJSUPERCTAPPDIVDecember 30, 2013No. A-0908-13
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Case Details

Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Outcome

The appellate court reversed the trial court's order and declared the referendum question invalid because the Township's submission to the County Clerk failed to meet the mandatory 81-day deadline under N.J.S.A. 19:37-1, even though it met a separate 65-day deadline. The court held that both statutory deadlines must be satisfied.

What This Ruling Means

**What Happened** Three individuals challenged a referendum question that the Township of Hopewell wanted to put on the ballot. The dispute centered on whether the township had properly followed state deadlines for submitting referendum materials to the County Clerk. The township had met one required deadline (65 days before the election) but missed another mandatory deadline (81 days before the election). **What the Court Decided** The appellate court sided with the challengers and ruled that the referendum question was invalid. The court determined that New Jersey law requires townships to meet both statutory deadlines when submitting referendum materials - not just one of them. Since Hopewell Township had failed to meet the 81-day deadline, their referendum submission was legally defective, even though they had satisfied the separate 65-day requirement. **Why This Matters for Workers** This ruling reinforces that government employers must strictly follow all procedural requirements and deadlines set by law. For public sector workers, this means local governments cannot cut corners or selectively comply with regulations that might affect workplace policies, benefits, or working conditions. The decision shows that courts will hold municipalities accountable when they fail to follow proper legal procedures.

This summary was generated to explain the ruling in plain English and is not legal advice.

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