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Trainor v. Burlington County Board of Chosen Freeholders

Decided: March 26, 1987.

LILLIAN M. TRAINOR, RAY VRANICH, FRANK CAULFIELD, JEANNINE GENDER AND PAUL STEPHENSON, PLAINTIFFS-RESPONDENTS,
v.
BURLINGTON COUNTY BOARD OF CHOSEN FREEHOLDERS, DEFENDANT-APPELLANT, AND JOHN SACCA, SUPERINTENDENT OF ELECTIONS, AND BURLINGTON COUNTY BOARD OF ELECTIONS, DEFENDANTS-RESPONDENTS



On appeal from Superior Court, Law Division, Burlington County, whose decision is reported at 211 N.J. Super. 498 (Law Div. 1986).

King, Deighan and Muir, Jr. The opinion of the Court was delivered by Muir, J.A.D.

Muir

Defendant Burlington County Board of Freeholders appeals from a Law Division decision holding that it must accept the entire annual certified budget of third-party defendant Burlington County Election Board with no discretion to modify unless it successfully challenges the budget in a judicial proceeding.

The holding followed litigation reported at 200 N.J. Super. 288 (Law Div.1984) and resolved a claim by the election board,

raised by way of notice of motion to enforce litigant's rights under R. 1:10-5, that the freeholder board had to accept its annual certified budget without modification.

The uncontested background facts are set out in the trial court's reported opinions at 200 N.J. Super. 288 and 211 N.J. Super. 498. Neither opinion, however, delineates the scope of the election board budget.

The election board, as part of its brief-appendix on appeal, provided its 1986 budget. The budget was as follows:

Salaries 109,000

Postage 100.00

Print Stat. & Office Supplies 6,710.00

Off. Equip-Repair-Replace 1,450.00

Travel-Mileage-Tolls-Lodging 3,300.00

Food 1,200.00

Equip-Repair & Maint. 729.00

Office Equip Rentals 200.00

Conventions & Conferences ...


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