McKenney v. Byrne

In McKenney v. Byrne, 82 N.J. 304, 412 A.2d 1041 (1980), the Court addressed a municipal challenge to a statute apportioning certain tax receipts. The Court rejected plaintiff's equal protection argument on the merits, because "the apportionment ratio is predicated on the same standards for all municipalities." Id. at 317, 412 A.2d 1041. Also finding no violation of the prohibition on special legislation, Justice Schreiber nevertheless wrote for the Court: The burden of mounting a successful challenge on equal protection grounds under the state Constitution in view of the circumstances here is no different from that which prevails under the federal Constitution. Although the sovereign power reposing in the people is exercisable by the Legislature, the exercise of that power must not violate the right to equal protection which the people have included in the Constitution. See State v. Saunders, 75 N.J. 200, 225-226, 381 A.2d 333 (1977) (Schreiber, J., concurring). The Court must consider the "apparent public justification" of the statute to "decide whether the State action is arbitrary." Robinson v. Cahill, 62 N.J. 473, 492, 303 A.2d 273, 282 (1973). Id. at 317, 412 A.2d 1041.