SEA BRIGHT BOR. v. DEPT. OF EDUC.


242 N.J. Super. 225 (1990)

576 A.2d 331

BOROUGH OF SEA BRIGHT, ANDREW B. MANNING, LINDA HORSAGER AND VICTOR J. PEROTTI, PLAINTIFFS-APPELLANTS, v. STATE OF NEW JERSEY, DEPARTMENT OF EDUCATION, SHORE REGIONAL HIGH SCHOOL DISTRICT, BOROUGH OF WEST LONG BRANCH, BOROUGH OF OCEANPORT AND BOROUGH OF MONMOUTH BEACH, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 3, 1990.


Attorney(s) appearing for the Case

Keith A. Bonchi argued the cause for appellants (Goldenberg, Mackler & Sayegh, attorneys; Keith A. Bonchi, on the brief).

Arlene Goldfus Lutz, Deputy Attorney General, argued the cause for respondent New Jersey Department of Education (Robert J. Del Tufo, Attorney General, attorney; Michael R. Clancy, Deputy Attorney General, of counsel; Arlene Goldfus Lutz, on the brief).

Dennis Collins argued the cause for respondent Shore Regional Board of Education (Gagliano, Tucci, Iadanza and Reisner, attorneys; Alexis Tucci, of counsel; Ronald L. Reisner, on the brief).

Steven C. Rubin filed a brief on behalf of respondent Borough of West Long Branch.

No briefs were filed on behalf of respondents Boroughs of Oceanport and Monmouth Beach.

Before Judges J.H. COLEMAN, BRODY and SKILLMAN.


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

This suit challenges the constitutionality of the method of allocation of the costs of regional school districts provided by Chapter 212 of the Laws of 1975. See N.J.S.A. 18A:13-23. Plaintiffs are the Borough of Sea Bright, which is a member of defendant Shore Regional High School District (Shore Regional), and three taxpayers residing in Sea Bright. Defendants are the New Jersey Department of Education...

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