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BD. OF ED. OF ELIZABETH v. CITY COUN. OF ELIZABETH

55 N.J. 501 (1970)

262 A.2d 881

THE BOARD OF EDUCATION OF THE CITY OF ELIZABETH IN THE COUNTY OF UNION, A BODY CORPORATE OF THE STATE OF NEW JERSEY, PETITIONER-RESPONDENT, v. CITY COUNCIL OF THE CITY OF ELIZABETH, UNION COUNTY, RESPONDENT-APPELLANT.

The Supreme Court of New Jersey.

Decided March 17, 1970.

Attorney(s) appearing for the Case

Mr. John R. Weigel argued the cause for respondent-appellant (Mr. Edward W. McGrath, attorney; Mr. Weigel, of counsel and on the brief).

Mr. Joseph G. Barbieri argued the cause for petitioner-respondent.

Mr. George F. Kugler, Jr., Attorney General of New Jersey, filed a statement in lieu of brief on behalf of the State Board of Education (Mrs. Virginia Long Annich, Deputy Attorney General, of counsel).

PER CURIAM.

The prime question on this appeal is whether the State Commissioner of Education has the authority with respect to type I (N.J.S.A. 18A:9-2) school districts to direct an increase in the annual school appropriation, i.e., the amount to be raised by local taxation, over the amount fixed by local officials. Board of Education of Township of East Brunswick v. Township Council of Township of East

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