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BOARD OF EDUC. OF TP. OF WAYNE v. KRAFT

139 N.J. 597 (1995)

656 A.2d 430

IN THE MATTER OF THE PETITION OF THE BOARD OF EDUCATION OF THE TOWNSHIP OF WAYNE, PETITIONER-APPELLANT, v. ARLENE KRAFT, JOHN AND ANGELA O'KEEFE, WARREN AND JUNE BROOKS, PATRICK AND ROSEANN MORIARITY, DR. DOUGLAS AND MRS. STEPHANIE GLAZER, RICHARD AND APPY EDEN, FRANK AND CHRISTINE DEGARCIA, MR. AND MRS. ROLAND TULINO, MARC AND LINDA FISHMAN, GEORGE AND CARLA FATTAL, STEVEN AND MARY POTTER, MR. AND MRS. CHRISTOPHER MARRA, ALAN AND SANDY BURTON, MR. AND MRS. WAYNE R. REPPA, DR. AND MRS. ALAN TELL, DAVID GOLUB, JOSEPH AND FONG-JIAO CHEN, MICHAEL W. AND PATRICIA A. LAVULLO, RESPONDENTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided April 24, 1995.

Attorney(s) appearing for the Case

Stephen R. Fogarty argued the cause for appellant (Fogarty & Hara, attorneys; Gary P. Hall, of counsel and on the brief).

Charles J. Mysak argued the cause for respondents.

Kim Chapman, Associate Counsel, argued the cause for amicus curiae, New Jersey School Boards Association (Susan E. Galante, Director, Legal Department; Donna M. Kaye, Associate Counsel, on the letter brief).

Arlene Goldfus Lutz, Deputy Attorney General, submitted a letter in lieu of brief on behalf of respondent State Board of Education (Deborah T. Poritz, Attorney General of New Jersey, attorney).

The opinion of the Court was delivered by POLLOCK, J.

The underlying issue is whether a walkway is a public thoroughfare within the meaning of N.J.S.A. 18A:39-1 and N.J.A.C. 6:21-1.3 for the purpose of calculating whether the residences of students who use the walkway are more than two miles from their school. If the walkway is not public, defendant, the Board of Education of the Township of Wayne (the local board), must bus the students to the Schuyler...

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