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NEWARK CITY COUNCIL v. JAMES

232 N.J. Super. 449 (1989)

557 A.2d 683

COUNCIL OF THE CITY OF NEWARK, A BODY POLITIC, PLAINTIFF-APPELLANT, v. SHARPE JAMES, MAYOR OF THE CITY OF NEWARK, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 24, 1989.

Attorney(s) appearing for the Case

Mark L. Mucci, argued the cause for appellant (Stryker, Tams & Dill, attorneys; Richard B. McGlynn, of counsel; Mark L. Mucci, on the brief).

Salvatore Perillo argued the cause for respondent (Perillo & Rosenberger, attorneys; Salvatore Perillo, on the brief).

Before Judges BRODY, ASHBEY and SKILLMAN.

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

The issue in this appeal is whether the Council or the Mayor of the City of Newark has the exclusive statutory authority to choose which parcels of city-owned real property shall be offered for sale at public auction and to determine the conditions to be attached to each sale. After a bench trial, the judge concluded that the Council has standing to bring this action and that the Mayor alone has the authority...

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