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GONZALEZ v. STATE APPORTIONMENT

Nos. A-0747-11T4, A-0869-11T4

53 A.3d 1230 (2012)

428 N.J. Super. 333

Barbara GONZALEZ, individually and as Founder of the Bayshore Tea Party Group; Robert A. Gordon, individually and as Chairman of the Bayshore Tea Party Group; Connie J. Sherwood, Clark Sherwood, Nancy Peterson and Ted Peterson, individually and as leaders of the Ocean County Citizens for Freedom; Daryl Brooks, Joseph Abbruscato, Antoinette Delguidice, Frank Gonzalez, Lynn Gordon, Brian Hegarty, Helene Henkel, Shelly Kennedy, Charles Drake Measley, William Haney, Debbie Sutton, Peter Michael Carroll, Jim Leskowitz, Kelly Ann Hart, Adrianne S. Knobloch, Vincent Avantagiato, Paul Albanese, Al French, Linda Shute, Michael Pierone, Daniel Biringer, Catherine V. Giancola, Edward J. Simonson, Frank Cottone, Michele Talamo, Carol J. Gallentine, Douglas Salters, Mary Logan, Edward Auwarter, Susan Lord, John Andrew Young and Brenda Roames, Plaintiffs-Respondents, and Richard J. McManus, Esquire, Plaintiff/Intervenor-Appellant, v. STATE of New Jersey APPORTIONMENT COMMISSION; Nilsa Cruz-Perez, Joseph Cryan, Sheila Oliver, Alan Rosenthal, Paul Sarlo, John Wisniewski, in their official Capacity as Members of the State of New Jersey Apportionment Commission; Kim Guadagno, in her official capacity as Secretary of State of the State of New Jersey; Jeffrey S. Chiesa [successor to Paula Dow], in his official capacity as Attorney General of the State of New Jersey; and Robert F. Giles, in his official capacity as Director, Division of Elections of the State of New Jersey, Defendants-Respondents. Barbara Gonzalez, individually and as Founder of the Bayshore Tea Party Group; Robert A. Gordon, individually and as Chairman of the Bayshore Tea Party Group; Connie J. Sherwood, Clark Sherwood, Nancy Peterson and Ted Peterson, individually and as leaders of the Ocean County Citizens for Freedom; Daryl Brooks, Joseph Abbruscato, Antoinette Delguidice, Frank Gonzalez, Lynn Gordon, Brian Hegarty, Helene Henkel, Shelly Kennedy, Charles Drake Measley, William Haney, Debbie Sutton, Peter Michael Carroll, Jim Leskowitz, Kelly Ann Hart, Adrianne S. Knobloch, Vincent Avantagiato, Paul Albanese, Al French, Linda Shute, Michael Pierone, Daniel Biringer, Catherine V. Giancola, Edward J. Simonson, Frank Cottone, Michele Talamo, Carol J. Gallentine, Douglas Salters, Mary Logan, Edward Auwarter, Susan Lord, John Andrew Young and Brenda Roames, Plaintiffs-Appellants, and Richard J. McManus, Esquire, Plaintiff/Intervenor-Respondent, v. State of New Jersey Apportionment Commission; Nilsa Cruz-Perez, Joseph Cryan, Sheila Oliver, Alan Rosenthal, Paul Sarlo, John Wisniewski, in their official Capacity as Members of the State of New Jersey Apportionment Commission; Kim Guadagno, in her official capacity as Secretary of State of the State of New Jersey; Jeffrey S. Chiesa [successor to Paula Dow], in his official capacity as Attorney General of the State of New Jersey; and Robert F. Giles, in his official capacity as Director, Division of Elections of the State of New Jersey, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided September 10, 2012.

Attorney(s) appearing for the Case

Richard J. McManus argued the cause for appellant in A-0747-11 (Efros & Wopat, attorneys; John W. Wopat, III , Red Bank, and Mr. McManus, on the brief).

Michael E. Goldberg argued the cause for appellants in A-0869-11.

Angelo J. Genova argued the cause for respondents the State of New Jersey Apportionment Commission, Nilsa Cruz-Perez, Joseph Cryan, Sheila Oliver, Paul Sarlo and John Wisniewski in both appeals (Genova, Burns & Giantomasi, The Law Offices of William J. Castner , and Paul M. Smith (Jenner & Block, L.L.P.) of the Washington, D.C. bar, admitted pro hac vice, attorneys; Mr. Genova, Mr. Castner and Mr. Smith, of counsel and on the briefs; Celia S. Bosco and Justin A. Jacobs , Newark, on the briefs).

George N. Cohen , Deputy Attorney General, argued the cause for respondents Secretary of State Kim Guadagno, Attorney General Jeffrey S. Chiesa, and Robert F. Giles, Director of the New Jersey Division of Elections in both appeals ( Jeffrey S. Chiesa , Attorney General, attorney; Mr. Cohen, on the statements in lieu of brief).

Ronald K. Chen , Trenton, argued the cause for respondent Dr. Alan Rosenthal (Constitutional Litigation Clinic, Rutgers School of Law-Newark, attorney in A-0869-11; John J. Farmer, Jr. , and Mr. Chen , on the brief).

Before Judges CUFF, LIHOTZ, and WAUGH.

The opinion of the court was delivered by

CUFF, P.J.A.D.

These back-to-back appeals arise from an order dismissing a complaint filed by numerous individuals and groups challenging the legislative apportionment map approved by the State of New Jersey Apportionment Commission (Commission) on April 3, 2011 (the approved map).2 The approved map established New Jersey State Senate and Assembly districts and the apportionment of State...

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