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ATLANTIC CITY HOUSING ACTION COALITION v. DEANE

181 N.J. Super. 412 (1981)

437 A.2d 918

ATLANTIC CITY HOUSING ACTION COALITION, JOHN KELLEY, MARY WILSON, HERBERT WILSON AND CORA BOGGS, PLAINTIFFS, v. ADELAIDE DEANE, CLERK OF THE CITY OF ATLANTIC CITY, DEFENDANT.

Superior Court of New Jersey, Law Division Atlantic County.

Decided August 5, 1981.

Attorney(s) appearing for the Case

Michael Carroll for plaintiffs (Cape-Atlantic Legal Services, attorney).

Matthew H. Powals, City Solicitor of Atlantic City, for defendant.

GRUCCIO, A.J.S.C.

This court is presented with the novel issue of whether the right to propose an ordinance by voter initiative pursuant to N.J.S.A. 40:74-9 et seq. can properly be impeded by a decision of a ministerial officer such as a city clerk, even if supported by the advice of a city solicitor, that the subject of the ordinance is not appropriate for submission to the voters. Given compliance with...

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