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BD. OF EDUC. OF BOROUGH OF ENGLEWOOD CLIFFS v. BD. OF EDUC.

788 A.2d 729 (2002)

170 N.J. 323

BOARD OF EDUCATION OF THE BOROUGH OF ENGLEWOOD CLIFFS, Bergen County, Petitioner, v. BOARD OF EDUCATION OF THE CITY OF ENGLEWOOD, New Jersey, Respondent-Appellant, v. Board of Education of the Borough of Tenafly, Bergen County, Respondent-Respondent. In re Resolution to Accept The Final Report of the Committee on Englewood.

Supreme Court of New Jersey.

Decided January 24, 2002.

Attorney(s) appearing for the Case

Arnold K. Mytelka argued the cause for appellant (Kraemer, Burns, Mytelka, Lovell & Kulka, Springfield, and Paul L. Tractenberg, Newark, and Berkowitz, Lichtstein, Kuritsky, Giasullo & Gross, attorneys; Mr. Mytelka, Mr. Tractenberg and Agnes I. Rymer, on the briefs).

James S. Rothschild, Jr., Morristown, argued the cause for respondent Board of Education of the Borough of Tenafly, Bergen County (Riker, Danzig, Scherer, Hyland & Perretti, attorneys).

Nancy Kaplen, Assistant Attorney General, argued the cause for respondent State Board of Education (John J. Farmer, Jr., Attorney General of New Jersey, attorney; Ms. Kaplen and Michelle Lyn Miller, Deputy Attorney General, of counsel; Ms. Miller and Thomas Russo, Deputy Attorney General, on the briefs).

Bernard K. Freamon, Newark, argued the cause for amici curiae National Association for the Advancement of Colored People, (NAACP), New Jersey State Conference of the NAACP and Bergen County Chapter of the NAACP.

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

We granted the petition for certification of the Board of Education of the City of Englewood (Englewood) to consider and resolve "the appropriate allocation of specific responsibilities between the Commissioner of Education and the Englewood School District in relation to the development and implementation of a voluntary plan that is designed to achieve an appropriate racial balance and educational quality at Dwight...

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