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BD. OF ED. v. BD. OF ESTIMATE OF ELIZABETH SCH.

95 N.J. Super. 284 (1967)

230 A.2d 895

THE BOARD OF EDUCATION OF THE CITY OF ELIZABETH IN THE COUNTY OF UNION, A BODY CORPORATE OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. THE BOARD OF SCHOOL ESTIMATE OF THE ELIZABETH SCHOOL DISTRICT, 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-RESPONDENTS AND CROSS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 8, 1967.

Attorney(s) appearing for the Case

Mr. Joseph G. Barbieri argued the cause for plaintiff Board of Education.

Mr. William J. McCloud argued the cause for the defendants City of Elizabeth and the Board of School Estimate (Mr. Edward W. McGrath, City Attorney, attorney).

Before Judges GAULKIN, LEWIS and LABRECQUE.

The opinion of the court was delivered by GAULKIN, S.J.A.D.

Elizabeth is a chapter 6 school district, governed by R.S. 18:6-1 et seq. Plaintiff board of education (hereafter Education) asked defendant board of school estimate (hereafter Estimate) for a budget of $8,652,304.13 for the school year 1966-1967. Estimate reduced it by $400,000 and asked the city council (hereafter Council) for $8,252,304.13. Council approved only $7,952,304.13.

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