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Jamouneau v. Board of Commissioners

Decided: September 25, 1944.

LESLIE H. JAMOUNEAU, PROSECUTOR,
v.
BOARD OF COMMISSIONERS OF THE CITY OF NEWARK ET AL., DEFENDANTS



On writ of certiorari.

For the prosecutor, Saul A. Wittes.

For the defendants, Philip J. Schotland and Joseph A. Ward.

Before Brogan, Chief Justice, and Justices Donges and Perskie.

Donges

The opinion of the court was delivered by

DONGES, J. This writ was allowed to review the municipal budget for the City of Newark for the fiscal year 1944.

It is asserted by prosecutor that the budget fails to conform to the requirements of the statutes in form and in failure in several items to set out adequately the required information.

The defendants raise the question that prosecutor had a right of appeal from the action of the Commissioner of Local Government in approving the budget and that, therefore, the writ should be dismissed. The record discloses that the budget was approved by the Commissioner of Local Government and in his testimony he so states.

N.J.S.A. 52:27A-24 provides:

"A person, including a taxpayer or citizen, aggrieved by a determination made or an order issued by the commissioner may apply to the State Board for a review and redetermination. Application for review and redetermination shall be

filed with the commissioner not more than ten days after the date of the determination or order. Within thirty days after filing of the application the State Board shall give the applicant an opportunity to be heard, and shall sustain, ...


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