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McCANNA, ET AL. v. SILLS, ET AL.

103 N.J. Super. 480 (1968)

247 A.2d 691

HENRY A. McCANNA, DOROTHY BELLE POLLACK, A. MILTON BELL, LAMAR JONES, BORIS S. BIERSTEIN, BOARD OF EDUCATION OF THE TOWNSHIP OF TEANECK, IN THE COUNTY OF BERGEN, SHIRLEY YOST, PETER E. STOKES, AND MARJORIE A. STOKES, PLAINTIFFS, v. ARTHUR J. SILLS, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, CARL L. MARBURGER, COMMISSIONER OF EDUCATION OF THE STATE OF NEW JERSEY, THE NEW JERSEY STATE BOARD OF EDUCATION, ABRAM A. VERMEULEN, DIRECTOR, DIVISION OF BUDGET AND ACCOUNTING OF THE STATE OF NEW JERSEY, JOHN A. KERVICK, TREASURER OF THE STATE OF NEW JERSEY, ARCHIE F. HAY, JR., SUPERINTENDENT OF SCHOOLS OF BERGEN COUNTY, NEW JERSEY, BOARD OF EDUCATION OF THE BOROUGH OF CLOSTER, IN THE COUNTY OF BERGEN, BOARD OF EDUCATION OF THE TOWNSHIP OF RIVER VALE, IN THE COUNTY OF BERGEN, AND THE BOARD OF EDUCATION OF THE PASCACK VALLEY REGIONAL SCHOOL DISTRICT, IN THE COUNTY OF BERGEN, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided November 8, 1968.

Attorney(s) appearing for the Case

Mr. Robert D. Gruen for plaintiffs (Mr. Morton R. Covitz appearing).

Mr. Arthur J. Sills, Attorney General of New Jersey, for defendants Arthur J. Sills, Attorney General of New Jersey, Carl L. Marburger, Commissioner of Education of New Jersey; The New Jersey State Board of Education; Abram A. Vermeulen, Director, Division of Budget and Accounting of New Jersey; John A. Kervick, Treasurer of New Jersey, and Archie F. Hay, Jr., Superintendent of Schools of Bergen County, New Jersey. (Mr. Stephen G. Weiss, Deputy Attorney General, appearing).

Messrs. Burke, Sheridan & Hourigan, for defendant Board of Education of Closter.

Messrs. Parisi, Evers & Greenfield, for defendants Board of Education of River Vale Township and Board of Education of the Pascack Valley Regional School District.

LORA, J.S.C.

Plaintiffs bring this action alleging that chapter 74 of the Laws of 1967, as amended by chapter 29 of the Laws of 1968, The School Transportation Law, is unconstitutional in that it is violative of the First Amendment to the United States Constitution, made applicable to the states by the Fourteenth Amendment, in that it affects the establishment or advancement of religion.

The statute, in pertinent part, states:<...

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