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EMPOWER OUR NBHDS v. GUADAGNO

Docket Nos. A-0330-15T3, A-0331-15T3, A-0333-15T3.

183 A.3d 275 (2018)

453 N.J. Super. 565

EMPOWER OUR NEIGHBORHOODS, an unincorporated association, on behalf of itself and its members and all others similarly situated, Plaintiff-Respondent, v. Kimberly GUADAGNO, individually and as Secretary of State and Chief State Election Official of the State of New Jersey; and The State of New Jersey, Defendants-Respondents/Cross-Appellants, and Elaine Flynn, individually and as Middlesex County Clerk, Defendant-Appellant/Cross-Respondent, and Daniel Torrisi, individually and as Clerk of the City of New Brunswick; Richard Jannarone, individually and as Board Secretary of the New Brunswick Board of Education; New Jersey Democratic State Party Committee; and New Jersey Republican State Party Committee, Defendants. Empower Our Neighborhoods, an unincorporated association, on behalf of itself and its members and all others similarly situated, Plaintiff-Respondent, v. Kimberly Guadagno, individually and as Secretary of State and Chief State Election Official of the State of New Jersey; and The State of New Jersey, Defendants-Respondents/Cross-Appellants, and Elaine Flynn, individually and as Middlesex County Clerk; Richard Jannarone, individually and as Board Secretary of the New Brunswick Board of Education; New Jersey Democratic State Party Committee; New Jersey Republican State Party Committee, Defendants, and Daniel Torrisi, individually and as Clerk of the City of New Brunswick, Defendant-Appellant/Cross-Respondent. Empower Our Neighborhoods, an unincorporated association, on behalf of itself and its members and all others similarly situated, Plaintiff-Respondent, v. Kimberly Guadagno, individually and as Secretary of State and Chief State Election Official of the State of New Jersey; and The State of New Jersey, Defendants-Respondents/Cross-Appellants, and Elaine Flynn, individually and as Middlesex County Clerk; New Jersey Democratic State Party Committee; New Jersey Republican State Party Committee, Defendants, and Daniel Torrisi, individually and as Clerk of the City of New Brunswick, Defendant-Respondent, and Richard Jannarone, individually and as Board Secretary of the New Brunswick Board of Education, Defendant-Appellant/Cross-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 8, 2018.

Attorney(s) appearing for the Case

Thomas F. Kelso , Middlesex County Counsel, attorney for appellant Elaine Flynn in Docket No. A-0330-15 ( Benjamin D. Leibowitz , Senior Deputy County Counsel, on the briefs).

Hill Wallack LLP, attorneys for Daniel Torrisi, appellant/cross-respondent in Docket No. A-0331-15, and respondent in Docket No. A-0333-15 ( James G. O'Donohue and Victoria J. Airgood , of counsel and on the briefs).

Hendricks & Hendricks, attorneys for appellant/cross-respondent Richard Jannarone in Docket No. A-0333-15 ( George F. Hendricks , on the briefs).

Christopher S. Porrino , Attorney General, attorney for respondents/cross-appellants Kimberly Guadagno and State of New Jersey ( Melissa H. Raksa , Assistant Attorney General, of counsel; George N. Cohen , Deputy Attorney General, on the briefs).

Zazzali, Fagella, Nowak, Kleinbaum & Friedman, attorneys for respondent Empower our Neighborhoods ( Flavio L. Komuves , of counsel and on the briefs).

Before Judges Alvarez, Nugent, and Currier.

The opinion of the court was delivered by

For the reasons that follow, we affirm Judge Mary Jacobson's thorough and well-reasoned August 7, 2015 decision awarding counsel fees to plaintiff Empower Our Neighborhoods (EON), an advocacy group, in this election matter. She apportioned the $105,063.80 award as follows:

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