FRIENDS RETIREMENT v. BD. OF ED.


811 A.2d 962 (2002)

356 N.J. Super. 203

FRIENDS RETIREMENT CONCEPTS et al Plaintiff, v. BOARD OF EDUCATION OF THE BOROUGH OF SOMERVILLE Defendant

Superior Court of New Jersey, Law Division, Somerset County.

Decided July 25, 2002.


Attorney(s) appearing for the Case

James J. Shrager, Somerville, (Norris, McLaughlin & Marcus, P.C.), for Plaintiffs Friends Retirement Concepts, et al.; Jeremy I. Silberman, on the briefs.

Michael J. Rogers, Allenwood, (Mc-Donald, Rogers & Rizzolo, Attorneys), for Defendant Board of Education of the Borough of Somerville.

C. Douglas Reina, (Abrams, Gran, Hendricks, Reina & Rosenberg, Attorneys), for the Borough and Borough Council of Somerville.


HOENS, J.S.C.

Before the Court is the plaintiffs' motion for summary judgment in this action in lieu of prerogative writ. The defendant has opposed the relief sought by the plaintiffs. While the facts on which the motion is based are not in dispute, the motion raises an issue of law not previously decided by any Court, as a result of which we address it at length.

This dispute arises out of the decision by the Somerville Board of Education to permit the Somerville...

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