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BARBER v. BD. OF SCHOOL ESTIMATE OF ELIZABETH SCH. DIST.

71 N.J. Super. 556 (1962)

177 A.2d 600

CHAUNCEY J. BARBER, LOUIS H. WOLFSON, ELEANOR C. GALLAGHER, ELBERT H. POGUE, HELEN D. MANSHIP, CHARLES PATERNA, ALPHONSE D. CIAMBELLI AND WALTER COLQUHOUN, PLAINTIFFS, v. THE BOARD OF SCHOOL ESTIMATE OF THE ELIZABETH SCHOOL DISTRICT, THE BOARD OF EDUCATION OF THE CITY OF ELIZABETH IN THE COUNTY OF UNION, A BODY CORPORATE OF THE STATE OF NEW JERSEY, THE CITY OF ELIZABETH, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY AND CITY COUNCIL OF THE CITY OF ELIZABETH, UNION COUNTY, NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided January 15, 1962.

Attorney(s) appearing for the Case

Mr. Ralph V. Mancini, attorney for plaintiffs.

Mr. John L. Ard, City Attorney, attorney for defendants Board of School Estimate and City of Elizabeth.

Mr. Joseph G. Barbieri, attorney for codefendant Board of Education.

FELLER, J.S.C.

This is a proceeding by complaint in lieu of prerogative writs to challenge the actions of the Elizabeth Board of Education, Board of School Estimate and City Council of the City of Elizabeth resulting in the final adoption on March 29, 1961 of the municipal budget for municipal operation and public school purposes, insofar as it affects and pertains to the appropriation of money for public school purposes. Plaintiffs also seek the court's order directing...

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