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NESHAMINY CONSTRUCTORS, INC. v. KRAUSE

187 N.J. Super. 174 (1982)

453 A.2d 1359

NESHAMINY CONSTRUCTORS, INC., DAVID A. ROBINSON AND ANTHONY CANUSO, PLAINTIFFS-RESPONDENTS, v. DAVID KRAUSE, WILFRED SMITH AND ARTHUR FORBES, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 9, 1982.

Attorney(s) appearing for the Case

Michael S. Bokar, Deputy Attorney General, argued the cause for intervenor-appellant State of New Jersey (Irwin I. Kimmelman, Attorney General of New Jersey, attorney, and Michael S. Bokar, on the brief).

George F. Kugler, Jr. argued the cause for plaintiffs-respondents Neshaminy Constructors, Inc., David A. Robinson and Anthony Canuso (Archer, Greiner & Read, attorneys; Steven W. Suflas on the brief).

Thomas P. Foy argued the cause for amicus curiae New Jersey State AFL-CIO (Hartman, Schlesinger, Schlosser and Faxon, attorneys; Jan M. Schlesinger, on the brief).

Rhoads, Parkin & Harris filed a brief for amicus curiae Ewing-Lawrence Sewerage Authority; Charles F. Harris, on the brief.

Before Judges MATTHEWS, ANTELL and FRANCIS.

PER CURIAM.

The State of New Jersey appeals from an order of the Chancery Division for summary judgment dated June 3, 1981, declaring unconstitutional the provisions of N.J.S.A. 34:9-2 requiring that employment preference on public projects "be given to citizens of the State of New Jersey who have resided and maintained domiciles within the State for a period of not less than one year immediately prior to such employment." The formal written opinion of the...

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