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DAVENPORT, ET AL. v. APPORTIONMENT COMM.

124 N.J. Super. 30 (1973)

304 A.2d 736

FRANK DAVENPORT, ET AL., PLAINTIFFS-APPELLANTS, v. APPORTIONMENT COMMISSION OF THE STATE OF NEW JERSEY AND ROBERT M. FALCEY, ACTING SECRETARY OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 3, 1973.

Attorney(s) appearing for the Case

Mr. Henry Ramer argued the cause for appellants Frank Davenport, A. Michael Rubin and Walter J. Price.

Mr. Alfred J. Lechner, Jr. argued the cause for appellant Christopher Dietz.

Mr. Donald L. Berlin argued the cause for appellants Dorothea Hummel, Elaine Obenhuber, Nancy Knapp, Lois Keitel, John C. Rice, Virginia K. Rooney, Katherine Roberts, Donald L. Berlin, Gray Gromleigh, Rose Brady, Lawrence Brown, Joseph Filiberto, Barbara Ali and Alex DeCroce (Messrs. Lieb, Teich & Berlin, attorneys).

Mr. Walter F. Hoffman argued the cause on behalf of Amicus Curiae John Mazzacca.

Mr. William Miller and Mr. David J. Goldberg argued the cause for respondent Apportionment Commission of New Jersey.

Mrs. Joyce Usiskin, Deputy Attorney General, argued the cause for respondent Robert F. Falcey, Acting Secretary of State (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Before Judges CARTON, MINTZ and SEIDMAN.

The opinion of the court was delivered by CARTON, P.J.A.D.

This is the latest in a decade-long series of legislative apportionment cases considered by the courts of this State. Plaintiffs, residents of various municipalities in Union, Morris and Passaic Counties, challenge the districting plan certified on March 15, 1973 by the Apportionment Commission pursuant to N.J. Const. (1947), Article IV, § III, for state legislative elections this year and the...

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