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TUMPSON v. FARINA

240 N.J. Super. 346 (1990)

573 A.2d 472

DANIEL TUMPSON, STEPHEN BUSCH, J. RONALD HINE, MONICA HETTERICH, AND PATRICK R. SMITH, ON BEHALF OF THEMSELVES AND 1691 ADDITIONAL SIGNERS OF A REFERENDUM PETITION, PLAINTIFFS-APPELLANTS, v. JAMES FARINA, PERSONALLY AND IN HIS CAPACITY AS CITY CLERK OF THE CITY OF HOBOKEN; PATRICK PASCULLI, INDIVIDUALLY AND IN HIS CAPACITY AS MAYOR OF THE CITY OF HOBOKEN, AND CITY OF HOBOKEN, A NEW JERSEY MUNICIPAL CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 23, 1990.

Attorney(s) appearing for the Case

Ira Karasick argued the cause for appellants (Karasick & Parrott, attorneys; John Payne, of counsel).

Anne S. Babineau argued the cause for respondents (Wilentz, Goldman & Spitzer, attorneys; Anne S. Babineau, Viola S. Lordi and Richard J. Byrnes, on the brief).

Before Judges GAULKIN, DREIER and D'ANNUNZIO.

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

Plaintiffs brought this prerogative writs action in lieu of mandamus to compel the Hoboken City Clerk to accept for filing a referendum petition calling for the repeal of an ordinance authorizing execution of a municipal development agreement and lease between the City of Hoboken and the Port Authority of New York and New Jersey (the Ordinance). On the parties' cross-motions, a Law Division judge entered...

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