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BD. TRUSTEES MERCER CTY. COMMUNITY COLLEGE v. SYPEK

160 N.J. Super. 452 (1978)

390 A.2d 629

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-APPELLANTS, 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-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 21, 1978.

Attorney(s) appearing for the Case

Mr. Garrett M. Heher argued the cause for appellant Board of Trustees of Mercer County Community College (Messrs. Smith, Stratton, Wise & Heher, attorneys; Ms. Ann Reichelderfer on the brief).

Mr. William C. Baggitt argued the cause for appellant Board of Education of the Vocational Schools in the County of Mercer.

Mr. Harvey L. Stern, Mercer County Counsel, argued the cause for respondents (Mr. Richard W. Raines, Assistant County Counsel).

Mr. Myron H. Gottlieb argued the cause for the amicus curiae Council of County Colleges (Messrs. Kessler, Tutek and Gottlieb, attorneys).

Mr. Edward J. Butrym argued the cause for the 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 (Messrs. Ruhlman and Butrym, attorneys).

Before Judges LYNCH, BISCHOFF and KOLE.

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

The issue raised by this appeal is whether the Optional County Charter Law (Charter Law), N.J.S.A. 40:41A-1 et seq., supersedes legislation under Title 18A, "Education," pertaining to county colleges, N.J.S.A. 18A:64A-1 et seq., and vocational schools, N.J.S.A. 18A:54-1 et seq., where they are inconsistent. The trial...

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