IN RE GRANT OF CHARTER SCHOOL APPL.


753 A.2d 687 (2000)

164 N.J. 316

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.

Supreme Court of New Jersey.

Decided June 28, 2000.


Attorney(s) appearing for the Case

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

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

Russell Weiss, Jr., Lawrenceville, for appellant Franklin Township Board of Education (Carroll, Weiss & Josephson, attorneys).

Lois H. Goodman, Newark, for respondents Englewood on the Palisades Charter School and The Classical Academy Charter School (Carpenter, Bennett & Morrissey, attorneys; Ms. Goodman and Stephen F. Payerle, of counsel; Ms. Goodman, Mr. Payerle and Melissa B. Popkin, on the briefs).

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

Michelle Lyn Miller, Deputy Attorney General, argued the cause for respondent State Board of Education (John J. Farmer, Jr., Attorney General of New Jersey, attorney; Nancy Kaplen and Mary C. Jacobson, Assistant Attorneys General, of counsel; Ms. Miller, Arlene Goldfus Lutz and John K. Worthington, Deputy Attorneys General, on the briefs).

John G. Geppert, Jr., Morristown, for amicus curiae Morris School District (Wiley, Malehorn and Sirota, attorneys).

David G. Sciarra, Executive Director, Education Law Center, Morristown, for amicus curiae Abbott plaintiffs (Mr. Sciarra and Gibbons, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Mr. Sciarra, Lawrence S. Lustberg and Lori Outzs Borgen, on the brief).

Richard E. Shapiro, Parsippany, submitted a brief on behalf of amicus curiae Asbury Park Board of Education.

Christopher J. Christie, Cranford, submitted a brief on behalf of amicus curiae New Jersey Charter Public Schools Association (Dughi and Hewit, attorneys; Mr. Christie and Gary L. Riveles, on the brief).


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

In this consolidated appeal, the Englewood City Board of Education, the Clifton Board of Education and the Franklin Township Board of Education (Boards) challenge the grants of charters to newly created charter schools within their respective school districts. The Boards contend that the Charter School Program Act of 1995, N.J.S.A. 18A:36A-1 to -18 (Act), is unconstitutional...

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