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BD. OF TRUST. OF MERCER CTY. COMMUNITY COLL. v. SYPEK

151 N.J. Super. 1 (1977)

376 A.2d 240

BOARD OF TRUSTEES OF MERCER COUNTY COMMUNITY COLLEGE, A BODY CORPORATE OF THE STATE OF NEW JERSEY, AND, BOARD OF EDUCATION OF THE VOCATIONAL SCHOOLS IN THE COUNTY OF MERCER, PLAINTIFFS, v. ARTHUR R. SYPEK, SR., COUNTY EXECUTIVE OF THE COUNTY OF MERCER, AND ALBERT E. DRIVER, EUGENE V. HOWARD, GILBERT W. LUGOSSY, BARBARA H. SIGMUND, PAUL J. SOLLAMI, JOSEPH E. TIGHUE AND JOHN S. WATSON, MEMBERS OF THE BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF MERCER, DEFENDANTS. AMICI CURIAE: COUNCIL OF COUNTY COLLEGES, AND, NEW JERSEY EDUCATION ASSOCIATION, MERCER COUNTY COMMUNITY COLLEGE FACULTY ASSOCIATION, MERCER COUNTY VOCATIONAL EDUCATION ASSOCIATION, AND THE ASSOCIATION OF NEW JERSEY COLLEGE FACULTIES.

Superior Court of New Jersey, Law Division.

Decided May 20, 1977.

Attorney(s) appearing for the Case

Messrs. Smith, Stratton, Wise & Heher (by Mr. Garrett M. Heher), attorneys for plaintiff Board of Trustees of Mercer County College.

Mr. William C. Baggitt, III, attorney for plaintiff Board of Education of the Vocational Schools in Mercer County.

Mr. Harvey L. Stern, Mercer County Counsel, attorney for defendants Arthur R. Sypek, Sr., Albert E. Driver, Eugene V. Howard, Gilbert W. Lugossy, Barbara H. Sigmund, Paul J. Sollami, Joseph E. Tighue and John S. Watson.

Messrs. Kessler, Tutek & Gottlieb (by Mr. Myron H. Gottlieb), attorneys for amici curiae Council of County Colleges.

Messrs. Ruhlman and Butrym (by Mr. Cassel R. Ruhlman, Jr.), attorneys for amici curiae New Jersey Education Association, Mercer County Community College Faculty Association, Mercer County Vocational Education Association, and the Association of New Jersey College Faculties.

SCHOCH, A.J.S.C.

This action in lieu of prerogative writs was instituted by the Board of Trustees of Mercer County Community College (MCCC) against the County Executive of Mercer County and the members of the Board of Chosen Freeholders of that County (Board) seeking injunctive relief against defendants, restraining them from exercising any authority over the plaintiff by enforcing the provisions of the Administrative Code adopted by the Board, and for a judgment...

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