Decided: November 9, 1982.
NESHAMINY CONSTRUCTORS, INC., DAVID A. ROBINSON AND ANTHONY CANUSO, PLAINTIFFS-RESPONDENTS,
DAVID KRAUSE, WILFRED SMITH AND ARTHUR FORBES, DEFENDANTS
On appeal from Superior Court, Chancery Division, Mercer County, whose opinion is reported at
Matthews, Antell and Francis.
[187 NJSuper Page 175]
The State of New Jersey appeals from an order of the Chancery Division for summary judgment dated June 3, 1981, declaring unconstitutional the provisions of N.J.S.A. 34:9-2 requiring that employment preference on public projects "be given to citizens of the State of New Jersey who have resided and maintained domiciles within the State for a period of not less than one year immediately prior to such employment." The formal written opinion of the trial court appears at 181 N.J. Super. 376 (Ch.Div.1981).
We express our disagreement only with footnote 1 at 378 of the trial court's opinion wherein it is stated that a companion statute, N.J.S.A. 34:9-1, "was declared unconstitutional" in Labor & Industry Dep't v. Cruz, 45 N.J. 372 (1965). That decision was not decided on constitutional issues. The Supreme Court there found an implied repealer of N.J.S.A. 34:9-1 on the ground that it was "so inconsistent with the existing state of the law as to be no longer capable of continued existence." Id. at 380.
Subject to the foregoing modification, the judgment is affirmed substantially for the reasons stated by Judge Dreier for the Chancery Division in his published opinion.