IN RE GRANT OF CHARTER SCHOOL APPLICATION


727 A.2d 15 (1999)

320 N.J. Super. 174

In the Matter of the GRANT OF the CHARTER SCHOOL APPLICATION OF ENGLEWOOD ON the PALISADES CHARTER SCHOOL. In the Matter of the Grant of the Charter School Application of the Classical Academy Charter School of Clifton, Passaic County. In the Matter of the Grant of the Charter School Application of the Franklin Charter School, Somerset County.

Superior Court of New Jersey, Appellate Division.

Decided March 29, 1999.


Attorney(s) appearing for the Case

Michael V. Camerino, for appellant Englewood City Board of Education (Mauro, Savo, Camerino & Grant, Somerville, attorneys; Eric Martin Bernstein, Three Bridges, and Mr. Camerino, on the brief).

Anthony V. D'Elia, Hackensack, for appellant Clifton Board of Education.

Russell Weiss, Jr., Lawrenceville, for appellant Franklin Township Board of Education (Carroll, Weiss & Josephson, attorneys; Mr. Weiss, on the brief).

Arlene Goldfus Lutz, Deputy Attorney General, and Michelle Lyn Miller, Deputy Attorney General, argued the cause for respondent State Board of Education (Peter Verniero, Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Ms. Lutz and Ms. Miller, on the brief).

Lois H. Goodman, Newark, for respondents Englewood on the Palisades Charter School, Bergen County and Classical Academy Charter School of Clifton, Passaic County (Carpenter, Bennett & Morrissey, attorneys; Ms. Goodman and Stephen F. Payerle, of counsel; Melissa B. Popkin and Catherine A. Trinkle, on the brief).

David C. Apy, Newark, for respondent Franklin Charter School (McCarter & English, attorneys; Mr. Apy, on the brief).

John G. Geppert, Jr., Morristown, amicus curiae Morris School District (Wiley, Malehorn & Sirota, attorneys; Christina L. Davis, on the brief).

Before Judges KING, WALLACE and FALL.


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

I

In this consolidated opinion we address challenges by three school districts to various aspects of the Charter School Program Act of 1995, N.J.S.A. 18A:36A-1 to -18; L. 1995, c. 426 (Act) and its application in practice. The three cases before us involve Englewood in Bergen County, Clifton in Passaic County, and Franklin Township in Somerset...

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