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BRANCHBURG BD. OF ED. v. BRANCHBURG

187 N.J. Super. 540 (1983)

455 A.2d 549

BOARD OF EDUCATION, TOWNSHIP OF BRANCHBURG, SOMERSET COUNTY, PETITIONER-RESPONDENT, v. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF BRANCHBURG, RESPONDENT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 18, 1983.

Attorney(s) appearing for the Case

Mark S. Anderson argued the cause for appellant (Woolson, Guterl, Sutphen & Anderson, attorneys).

William B. Rosenberg argued the cause for respondent (Blumberg & Rosenberg, attorneys).

No appearance was made on behalf of the State Board of Education (Irwin I. Kimmelman, Attorney General of New Jersey, attorney for State Board of Education; Regina Murray Mahoney, Deputy Attorney General, on statement in lieu of brief).

Before Judges BISCHOFF, J.H. COLEMAN and GAULKIN.

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

The chief issue presented by this appeal is whether a township committee, in its review of the proposed budget of a board of education after rejection of the budget by the electorate, may reach and consider items of income anticipated by the board. We hold that it may.

On April 7, 1981 the electorate of the Township of Branchburg rejected the school budget proposed by the township board of education...

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