ROBINSON v. CAHILL


70 N.J. 155 (1976)

358 A.2d 457

KENNETH ROBINSON, AN INFANT BY HIS PARENT AND GUARDIAN AD LITEM, ERNESTINE ROBINSON, ET AL., PLAINTIFFS-RESPONDENTS, v. WILLIAM T. CAHILL, GOVERNOR OF THE STATE OF NEW JERSEY, ET AL., DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided May 13, 1976.


Attorney(s) appearing for the Case

Mr. Lewis B. Kaden, Special Counsel to the Governor, argued the cause for appellant Governor of the State of New Jersey (Mr. Kaden, of counsel and on the brief; Ms. Judith Nallin, Mr. Arthur Winkler and Mr. Walter Bliss, Jr., Assistant Counsel to the Governor, on the brief).

Mr. Stephen Skillman, Assistant Attorney General, argued the cause for appellants Treasurer of the State of New Jersey, Commissioner of Education of the State of New Jersey, New Jersey State Board of Education and State of New Jersey (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Skillman, of counsel and on the brief; Ms. Jane Sommer, Deputy Attorney General, on the brief which was filed only on behalf of the Attorney General).

Mr. David Goldberg argued the cause for appellants President of the Senate of the State of New Jersey and the Senate of the State of New Jersey (Messrs. Warren, Goldberg and Berman, attorneys.)

Mr. Jack Borrus argued the cause for appellants Speaker of the General Assembly of the State of New Jersey and the General Assembly of the State of New Jersey (Messrs. Borrus, Goldin and Foley, attorneys).

Mr. Harold J. Ruvoldt, Jr. argued the cause for respondents (Messrs. Ruvoldt and Ruvoldt, attorneys and Special Counsel to Mr. Dennis L. McGill, Corporation Counsel of the City of Jersey City, Mr. Frank H. Blatz, Jr., Corporation Counsel of the City of Plainfield, Mr. Joseph LaCava, Corporation Counsel of the City of Paterson and Mr. Julius Fielo, Corporation Counsel of the City of East Orange).

Mr. Paul L. Tractenberg and Mr. David G. Lubell, a member of the New York bar, argued the cause for amici curiae Education Committee, Newark Chapter, National Association for the Advancement of Colored People and American Civil Liberties Union of New Jersey (Messrs. Tractenberg, Lubell and Frank Askin, attorneys; Mr. Stephen Eisdorfer, on the brief).

Mr. William Zaino argued the cause for amicus curiae New Jersey School Boards Association (Mr. Zaino, attorney; Mr. David W. Carroll, on the brief).

Mr. Cassel R. Ruhlman, Jr. argued the cause for amicus curiae New Jersey Education Association (Messrs. Ruhlman and Butrym, attorneys).

Mr. Andrew T. Berry argued the cause on behalf of amici curiae Township of Livingston and the Boards of Education of the School Districts of Montclair, Berkeley Heights, Chatham Township, New Providence, Rumson, Sandyston-Walpack, Summit and Millburn; Mr. Berry, of counsel; Mr. Arthur F. Dicker III, on the brief).

Mr. Robert T. Pickett and Mr. David C. Long, a member of the Illinois bar, argued the cause for amicus curiae The Education Reform Project of The Greater Newark Urban Coalition (Messrs. Pickett and Jennings, attorneys; Mr. Pickett, of counsel and on the brief; Mr. Long, on the brief).

Mr. James L. Wilson argued the cause for amici curiae Boards of Education of the Township of Bass River, Township of Eagleswood, Township of Long Beach Island, Borough of Tuckerton and Pinelands Regional School District.

Mr. Alfred W. Kiefer argued the cause for amicus curiae Board of Education of the Borough of Hasbrouck Heights (Messrs. Kiefer, Bollermann and Kaplowitz, attorneys).

Mr. William DeLorenzo, Jr. argued the cause for amicus curiae Board of Education of the Borough of Little Ferry.

Mr. Arthur J. Sullivan argued the cause for amicus curiae City of Clifton.

Mr. Morton Feldman submitted a brief on behalf of amici curiae Pleasantville Taxpayers Association, Weymouth Taxpayers Association, Association of Concerned Citizens of Vineland and Gilbert Cramer.

Mr. Bertram E. Busch submitted briefs on behalf of amici curiae Boards of Education of the Township of North Brunswick and the Township of Monroe (Messrs. Busch and Busch, attorneys).

Mr. Joseph A. Hallock submitted a brief on behalf of amicus curiae Board of Education of Lincoln Park (Messrs. Hoffmann, Fiorello and Hallock, attorneys).

Mr. Jeffrey L. Reiner submitted a letter memorandum on behalf of amicus curiae Morris School District (Messrs. Meyner, Landis and Verdon, attorneys).

Mr. Howard Butensky submitted a letter memorandum on behalf of amicus curiae Little Egg Harbor Township (Messrs. Kelly and Butensky, attorneys).

Mr. Henry B. Kessler submitted a memorandum on behalf of amicus curiae Burlington County Special Services School District.

Mr. Joseph A. Maressa submitted a statement on behalf of amicus curiae Board of Education of Lower Camden County Regional High School District Number One (Messrs. Maressa, Diadone and Wade, attorneys).


PER CURIAM.

On January 30, 1976, a majority of this Court sustained the facial validity of the Public School Education Act of 1975 ("the 1975 Act"), L. 1975, c. 212, N.J.S.A. 18A:7A-1 et seq. Robinson v. Cahill, 69 N.J. 449 (Robinson V). The enactment of this statute on September 29, 1975, was the culmination of several years of litigation and of activity by the other branches of government consequent...

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