01-31-08 A-5181-06T2
A governmental body has authority to enter into a
settlement of a case challenging the constitutionality of a
statute under which it agrees to an injunction against
enforcement of the statute if it reasonably concludes there is a
substantial question concerning the statute's constitutionality
and the costs of the statute's defense are not justifiable. The
governmental body may seek to vacate or modify the judgment
memorializing such a settlement if it can show that enforcement
of the judgment would no longer be equitable due to changes in
the law or facts.
