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AMATO v. BD. OF CHOSEN FREEHOLDERS

240 N.J. Super. 313 (1990)

573 A.2d 209

NICHOLAS R. AMATO, ESSEX COUNTY EXECUTIVE, PLAINTIFF-APPELLANT, v. BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF ESSEX AND BARRY SKOKOWSKI, SR., DIRECTOR OF THE DIVISION OF LOCAL GOVERNMENT SERVICES IN THE DEPARTMENT OF THE TREASURY, DEFENDANTS-RESPONDENTS, AND HUDSON COUNTY BOARD OF CHOSEN FREEHOLDERS, INTERVENOR.

Superior Court of New Jersey, Appellate Division.

Decided April 23, 1990.

Attorney(s) appearing for the Case

H. Curtis Meanor, Essex County Counsel, argued the cause for appellant (Norman Schulanear, Assistant County Counsel, on the briefs).

Robert J. Sussman, Deputy Counsel, argued the cause for respondent Essex County Board of Freeholders (Thomas M. McCormack, attorney; Robert J. Sussman on the brief).

All other defendants and intervenor joined in the brief of respondent Essex County Board of Chosen Freeholders.

Before Judges O'BRIEN, HAVEY and STERN.

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

Plaintiff Nicholas R. Amato, Essex County Executive, appeals from a judgment entered in the Law Division dismissing his declaratory judgment action against defendants Essex County Board of Freeholders (Board) and Barry Skokowski, Sr., Director of the Division of Local Government Services, Department of the Treasury (Director). The gravamen of plaintiff's complaint is that the Board was without authority to amend...

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