Supreme Court of New Jersey
In Re Petition for Referendum on City of Trenton Ordinance 09-02
April 6, 2010201 N.J. 349
Summary
The Supreme Court of New Jersey reversed the Appellate Division, holding that N.J.S.A. 40:62-3.1 does not eliminate the public’s right to a referendum under the Faulkner Act, so Ordinance 09-02 remains subject to voter challenge. The Court reasoned that the statutory language of section 3.1 provides only a narrow carve‑out from mandatory voter approval under the MUL and contains no clear intent to preempt the Faulkner Act referendum power. Chief Justice Rabner dissented, arguing the judgment should be affirmed.