THEODORE R. MURNICK, PLAINTIFF-APPELLANT,
v.
BOARD OF EDUCATION OF THE CITY OF ASBURY PARK, PLANNING BOARD OF THE CITY OF ASBURY PARK, MAYOR AND COUNCIL OF THE CITY OF ASBURY PARK AND THE CITY OF ASBURY PARK, DEFENDANTS-RESPONDENTS, AND COMMISSIONER OF EDUCATION, INTERVENOR-DEFENDANT-RESPONDENT.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued March 15, 1989.
Decided July 24, 1989.
Attorney(s) appearing for the Case
Gita F. Rothschild argued the cause for appellant (McCarter & English, attorneys; Alfred L. Ferguson, of counsel; Gita F. Rothschild, Gary T. Hall and David C. Apy on the brief; Alfred L. Ferguson, Gita F. Rothschild and Gary T. Hall on the reply brief).
Peter P. Kalac argued the cause for respondent Board of Education of the City of Asbury Park (Kalac, Newman & Lavender, attorneys; Peter P. Kalac on the brief).
Nancy Kaplen Miller, Deputy Attorney General, argued the cause for intervenor-respondent (Peter N. Perretti, Jr., Attorney General; Michael R. Clancy, Deputy Attorney General, of counsel; Nancy Kaplen Miller on the brief).
Francis J. Campbell argued the cause for amicus curiae, New Jersey School Boards Association (Russell Weiss, Jr., on the brief).
Before Judges GAULKIN, R.S. COHEN and A.M. STEIN.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by ARNOLD M. STEIN, J.A.D.
Plaintiff appeals from the dismissal of his declaratory judgment action. The trial judge ruled that the Asbury Park Board of Education (local school board) was not required to submit its plans for a proposed new school building to the local planning board for site plan review and approval.
We affirm. A local school board is bound only by the...
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