IN RE 1984 MAPLE SHADE GENERAL ELECTION


203 N.J. Super. 563 (1985)

497 A.2d 577

IN RE THE 1984 GENERAL ELECTION FOR THE OFFICE OF COUNCIL OF THE TOWNSHIP OF MAPLE SHADE, COUNTY OF BURLINGTON.

Superior Court of New Jersey, Law Division Burlington County.

Decided April 24, 1985.


Attorney(s) appearing for the Case

John M. Carbone for Ira W. Reese, II (Carbone and Faasse, attorneys).

John Harrington for Robert Fellner and William Lindsey (Schlesinger, Scholosser, Foy & Harrington, attorneys).

Ronald Bookbinder for Frank A. Troso (Bookbinder and Guest, attorneys).

John Lee Madden for Charles J. Ansert, Jr. and Richard F. Wild, Jr., (John Lee Madden, attorney).


OPINION

HAINES, A.J.S.C.

This opinion, amplifying a verbal decision resolving an election contest, addresses the question of whether the judge hearing the matter acts judicially, and may therefore employ customary judicial powers, or acts as a legislative agent who may employ only such powers as are conferred by statutes, strictly construed. Phrased differently, can it be said that courts have jurisdiction over election contests? That question must...

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