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ASBURY PARK BD. OF EDUC. v. MURNICK

224 N.J. Super. 504 (1988)

540 A.2d 1318

THE BOARD OF EDUCATION OF THE CITY OF ASBURY PARK, PLAINTIFF-RESPONDENT, CROSS-APPELLANT, v. THEODORE R. MURNICK, DEFENDANT-APPELLANT, CROSS-RESPONDENT, AND STATE OF NEW JERSEY, ACTING BY AND THROUGH JOHN P. RENNA, COMMISSIONER OF COMMUNITY AFFAIRS AND HIS SUCCESSORS AS THE CASE MAY BE, DEFENDANT, AND NEW JERSEY DEPARTMENT OF EDUCATION, INTERVENOR.

Superior Court of New Jersey, Appellate Division.

Decided April 12, 1988.

Attorney(s) appearing for the Case

Gita F. Rothschild argued the cause for appellant, cross-respondent (Waters, McPherson, McNeill, Fitzpatrick, attorneys; Jospeh G. Ragno, on the brief).

Peter P. Kalac argued the cause for respondent, cross-appellant (Kalac, Newman, and Lavender, attorneys).

Nancy Kaplan Miller argued the cause for Intervenor, New Jersey Department of Education (W. Cary Edwards, Attorney General, attorney; Michael R. Clancy, Deputy Attorney General, of counsel; Nancy Kaplan Miller, on the brief).

Before Judges FURMAN, LONG and SCALERA.

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

Two questions are presented on this appeal and cross-appeal: whether the pendency of an administrative agency proceeding on a required approval precludes the exercise of judicial jurisdiction in a condemnation case, and, if not, whether the exercise of jurisdiction by the court obviates the need for exhaustion of the administrative agency remedies. We answer both questions

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