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BOOKER v. RICE

Docket No. A-2413-12T4

71 A.3d 206 (2013)

431 N.J. Super. 548

Cory BOOKER, in his official capacity as Mayor of the City of Newark; Robert Marasco, in his official capacity as City Clerk of the City of Newark; Anibal Ramos, Jr., in his official capacity as a member of the Municipal Council of the City of Newark; Augusto Amador, in his official capacity of the Municipal Council of the City of Newark; Carlos M. Gonzalez, in his official capacity as a member of the Municipal Council of the City of Newark; Luis A. Quintana, in his official capacity as a member of the Municipal Council of the City of Newark; and Shanique Davis Speight, in her capacity as a member of the Municipal Council of the City of Newark, Plaintiffs-Appellants, v. Ronald C. RICE, in his official capacity as a member of the Municipal Council of the City of Newark; Ras J. Baraka, in his official capacity as a member of the Municipal Council of the City of Newark; Mildred C. Crump, in her official capacity as a member of the Municipal Council of the City of Newark; and Darrin S. Sharif, in his official capacity as a member of the Municipal Council of the City of Newark, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 5, 2013.

Attorney(s) appearing for the Case

Vito A. Gagliardi, Jr., Morristown, argued the cause for appellants (Porzio, Bromberg & Newman, P.C., attorneys; Mr. Gagliardi, of counsel; Mr. Gagliardi, Frank A. Custode and Okechi C. Ogbuokiri, Morristown, on the brief).

Robert T. Pickett argued the cause for respondents (Pickett & Craig, attorneys; Mr. Pickett, of counsel; Mr. Pickett and Lauren M. Craig, on the brief).

Before Judges FISHER, ALVAREZ and ST. JOHN.

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

In this appeal, we consider whether a vacancy on the Newark Municipal Council was validly filled in a manner consistent with the Municipal Vacancy Law, N.J.S.A. 40A:16-1 to -23, when, of the eight remaining councilmembers, four voted "yes," two voted "no," and two abstained. The affirmative voters took the position that this created a four-four deadlock, which, in their view, authorized the mayor to...

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