Does old court ruling apply to 30-day rule?

Since Hoboken Acting Mayor Dawn Zimmer has retained her council presidency at the same time as she is mayor, her opponents on the City Council and in the upcoming mayoral election have chosen to make hay of her dual roles, saying she wants too much power.
Zimmer’s allies say she can’t help that she was thrust into the acting mayor’s role when former Mayor Peter Cammarano resigned. The role will be put to election in just six weeks anyway.
Zimmer’s opposition also has tried to push a council vote to name Zimmer interim mayor instead of acting, which would mean she has to give up her council seat.
The city’s attorneys have said that they had only 30 days since she took over to do so, and that it is now too late.
But sources say that a ruling from years ago by a Superior Court judge may contradict this. A court case from 2002 and other decisions say that in some cases, “the council has the authority to act to appoint a mayor after the 30-day period,” according to a source.
But it may not apply to the Hoboken situation.
In any case, the election for the mayor’s seat will be held Nov. 3, so the voters can decide.

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