In re McCabe

In re McCabe, 81 N.J. 462, 465, 409 A.2d 1158, 1159-60 (1980) was a 3-2 decision (remarkably, only 5 justices participated in this decision, but there are many precedents for that) by the New Jersey Supreme Court on:

“

The application herein, dated May 5, 1978, brought by more than two citizens of [**1160] the State, asserted that Chapter 84, Laws of 1977, which supplemented the New Jersey Franchise Practices Act, N.J.S.A. 56:10-1 et seq., by adding sections 13, 14 and 15, 1 is special legislation not enacted in accordance with the notice requirements of N.J.Const., Art. IV, § VII, par. 8 and N.J.S.A. 1:6-1 et seq. In addition it was asserted that the legislation violated N.J.Const., Art. IV, § VII, par. 7 by adding provisions of a private and special character to a general law.

”

The Court considered that "[t]he sole issue is whether the 1977 supplement is a private or special law. If so, it is void because it is violative of N.J.Const., Art. IV, § VII, par. 7." In re McCabe, 81 N.J. 462, 467, 409 A.2d 1158, 1160 (1980).

The Court denied the challenge:

“

However, our holding that appellants' challenge to the constitutionality of L.1977, c. 84 may not be brought under N.J.S.A. 1:7-1 et seq. does not require that the application be dismissed. Rule 1:13-4(a) provides in part that "if any court is without jurisdiction of the subject matter of an action or issue therein * * * it shall, on motion or on its own initiative, order the action, with the record and all papers on file, transferred to the proper court." Appellants' challenge raises a viable issue cognizable in the Law Division and the matter should be transferred to that court which not only has the jurisdiction but also the facilities to hear the case.

”

In re in re McCabe, 81 N.J. 462, 469, 409 A.2d 1158, 1162 (1980) As to standing, the Court remanded this case back to the Law Division for its review of that issue.