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WASHINGTON TP. v. BURKE

178 N.J. Super. 325 (1981)

428 A.2d 1325

TOWNSHIP OF WASHINGTON, A MUNICIPAL CORPORATION, AND THE BOROUGH OF WESTWOOD, A MUNICIPAL CORPORATION, APPELLANTS, v. FRED G. BURKE, COMMISSIONER OF THE DEPARTMENT OF EDUCATION OF THE STATE OF NEW JERSEY, AND DEPARTMENT OF EDUCATION OF THE STATE OF NEW JERSEY, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 2, 1981.

Attorney(s) appearing for the Case

Leonard Adler argued the cause for the appellants.

M. Kathleen Duncan, Deputy Attorney General, argued the cause for the respondents (John J. Degnan, Attorney General of New Jersey, attorney; Erminie L. Conley, Assistant Attorney General, of counsel).

Before Judges ALLCORN, PRESSLER and FURMAN.

PER CURIAM.

This appeal challenges the constitutionality of N.J.S.A. 18A:7A-18 as applied to the Westwood Regional School District whose constituent municipalities are appellants Township of Washington and Borough of Westwood.

N.J.S.A. 18A:7A-18 was originally adopted as part of the Public School Education Act of 1975, N.J.S.A. 18A:7A-1 et seq., and was amended in 1978 by L. 1978, c. 158, § 5. The act was the...

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