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CITIZENS FOR CHART. CHANGE, ESSEX CTY. v. CAPUTO

151 N.J. Super. 286 (1977)

376 A.2d 1248

CITIZENS FOR CHARTER CHANGE IN ESSEX COUNTY ET AL., PLAINTIFFS-APPELLANTS, v. NICHOLAS V. CAPUTO, COUNTY CLERK OF ESSEX COUNTY, AND JOSEPH ARANOFF, COMMISSIONER OF REGISTRATION OF ESSEX COUNTY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Reargued May 25, 1977.

Decided June 27, 1977.

Attorney(s) appearing for the Case

Mr. David H. Ben-Asher argued the cause for appellants (Messrs. Baumgart & Ben-Asher, attorneys).

Mr. Francis Patrick McQuade argued the cause for respondent Essex County Clerk.

Ms. Erminie L. Conley, Deputy Attorney General, argued the cause for respondent Commissioner of Registration (Mr. William F. Hyland, Attorney General, attorney).

Before Judges LYNCH, MILMED and ANTELL.

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

Plaintiffs, proceeding under pertinent sections of the Optional County Charter Law, N.J.S.A. 40:41A-1 et seq., filed petitions on September 4 and 5, 1975 to have placed on the ballot for submission to the voters of Essex County at the November 4, 1975 general election the following question:

Shall the County Executive Plan of the Optional County Charter Law be adopted for Essex County...

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