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Mount Laurel Township v. Local Finance Board of Department of Community Affairs

New Jersey Supreme Court


Decided: March 16, 1979.

MOUNT LAUREL TOWNSHIP, PLAINTIFF-APPELLANT,
v.
LOCAL FINANCE BOARD OF THE DEPARTMENT OF COMMUNITY AFFAIRS, DEFENDANT-RESPONDENT

On certification to the Superior Court, Appellate Division, whose opinion is reported at 166 N.J. Super. 254 (1978).

For affirmance -- Chief Justice Hughes and Justices Mountain, Sullivan, Pashman, Clifford, Schreiber and Handler. For reversal -- None.

Per Curiam

[79 NJ Page 397]

We affirm essentially for the reasons stated in the Appellate Division opinion, reported at 166 N.J. Super. 254 (1978). Only under limited circumstances, not here pertinent, may a municipal expenditure be made prior to an appropriation. See, e.g., Home Owners Construction Co. v. Borough of Glen Rock, 34 N.J. 305, 315-316 (1961); Essex Cty. Bd. of Taxation v. City of Newark, 73 N.J. 69, 74 (1977).

19790316


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