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.