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GIBSON v. BOARD OF EDUC. OF CITY OF NEWARK

205 N.J. Super. 48 (1985)

500 A.2d 27

DANIEL W. GIBSON, JR., PETITIONER-RESPONDENT, v. BOARD OF EDUCATION OF THE CITY OF NEWARK, ESSEX COUNTY, RESPONDENT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 18, 1985.

Attorney(s) appearing for the Case

H. Richard Chattman argued the cause for appellant (Podvey, Sachs & Catenacci, attorneys; Robert L. Podvey, of counsel; Steven Firkser, on the brief).

Nathanya G. Simon argued the cause for respondent (Schwartz, Pisano & Simon, attorney; Nathanya G. Simon, on the brief).

Irwin I. Kimmelman, Attorney General of New Jersey, filed a statement in lieu of brief on behalf of the State Board of Education (Alfred E. Ramey, Jr., Deputy Attorney General, on the statement).

Before Judges PRESSLER, DREIER and BILDER.

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

In 1975, as a result of the concerted effort of the Legislature, the Governor and the Commissioner of Education, the State, by the enactment of N.J.S.A. 18A:17A-1, et seq., responded to the increasingly intolerable chaos infecting the Newark public school system. The legislative scheme created for Newark was the so-called unit control system, achieved by the creation of the unique office of...

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