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BLASI v. EHRET

118 N.J. Super. 501 (1972)

288 A.2d 861

WALTER C. BLASI, ESSEX COUNTY SUPERVISOR, PLAINTIFF-APPELLANT, v. JOSEPH N. EHRET, DIRECTOR OF THE DIVISION OF LOCAL GOVERNMENT SERVICES OF THE STATE DEPARTMENT OF COMMUNITY AFFAIRS, AND ESSEX COUNTY BOARD OF CHOSEN FREEHOLDERS, A BODY POLITIC OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 20, 1972.

Attorney(s) appearing for the Case

Mr. Myron W. Kronisch argued the cause for appellant (Messrs. Kronisch & Felzenberg, attorneys).

Mr. Francis Patrick McQuade, Essex County Counsel, argued the cause for respondent Essex County Board of Chosen Freeholders.

Mr. Richard L. Kadish, Deputy Attorney General, argued the cause for respondent Joseph N. Ehret, Director of the Division of Local Government Services of the State Department of Community Affairs (Mr. Anthony F. LaBue, Deputy Attorney General, on the brief; Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney).

Before Judges SULLIVAN, LEONARD and CARTON.

PER CURIAM.

We question whether or not the issue posed by appellant is properly before us on this appeal. However, in view of the emergent situation presented, we will decide the issue using such original jurisdiction as is necessary. R. 2:10-5.

We conclude that the county supervisor does not have veto power over the approval and adoption of the county budget by the board of freeholders. The statute on which he relies, 40A:9-40, giving him the power...

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