Kenneth Mr. Vercammen was included in the 2017 “Super Lawyers” list published by Thomson Reuters.

To schedule a confidential consultation, email us at VercammenAppointments@NJlaws.com, call or visit www.njlaws.com

(732) 572-0500

Saturday, January 9, 2016

In re: Petition for Referendum to Repeal Ordinance 2354-12 of the tp. of West Orange (A-54-13


In re: Petition for Referendum to Repeal Ordinance
          2354-12 of the tp. of West Orange (A-54-13; 073069)
          A challenge to a redevelopment bond ordinance must be
          filed within twenty days of the final publication of
          the ordinance pursuant to Rule 4:69-6(b)(11) and
          N.J.S.A. 40A:2-49, barring the most extraordinary
          circumstances, which are not present here.  Although
          Rule 4:69-6(c) permits an enlargement of the filing
          period in the interest of justice, N.J.S.A. 40A:2-49,
          which states that a bond ordinance is conclusively
          presumed to be valid twenty days after publication,
          counsels against exceptions to the twenty-day filing
          rule.  Consequently, plaintiffs’ action, which was not
          filed until fifty-three days after publication of the
          ordinance, is untimely and was properly dismissed.