IN RE NORTH HALEDON SCHOOL DIST.


831 A.2d 555 (2003)

363 N.J. Super. 130

In the Matter of the Petition for Authorization to Conduct a Referendum on the Withdrawal of NORTH HALEDON SCHOOL DISTRICT from the Passaic County Manchester Regional High School District. North Haledon Board of Education and Borough of North Haledon, Plaintiffs-Respondents, v. Passaic County Manchester Regional High School District, Defendant-Appellant, and Ronni Nochimson, Passaic County Clerk; William Librera, Commissioner of Education; and Maria Nuccetelli, Passaic County Superintendent of Schools, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided May 15, 2003.


Attorney(s) appearing for the Case

Rodney T. Hara, Fairlawn, argued the cause for appellant Passaic County Manchester Regional High School District (A-3582-01 & A-270-02) (Fogarty & Hara, attorneys; Mr. Hara, of counsel and on the briefs; Janet L. Parmelee on the brief (A-270-02)).

Allan P. Dzwilewski, Florham Park, argued the cause for appellant Haledon Board of Education (A-3597-01), Borough of Haledon, Prospect Park Board of Education, Borough of Prospect Park (Schwartz, Simon, Edelstein, Celso & Kessler, attorneys; Mr. Dzwilewski, on the brief).

Vito A. Gagliardi, Jr., Morristown, argued the cause for respondent Borough of North Haledon and North Haledon Board of Education (A-3582-01, A-3597-01 & A-270-02) (Porzio, Bromberg & Newman, attorneys; Mr. Gagliardi, of counsel and on the brief with Thomas O. Johnston).

David Samson, Attorney General, attorney for respondent Board of Review (A-3582-01T5 and A-3597-01T5) (Allison Colsey Eck, Deputy Attorney General, on the statement in lieu of brief).

Allison Colsey Eck, Deputy Attorney General, argued the cause for respondents William Librera, Commissioner of Education; and Maria Nuccetelli, Passaic County Superintendent of Schools (A-270-02) (David Samson, Attorney General, attorney; Patrick DeAlmeida, Deputy Attorney General, of counsel; Ms. Eck, on the brief).

Michael H. Glovin, Assistant Passaic County Counsel, filed a letter of non-participation on behalf of Ronni Nochimson, Passaic County Clerk (A-270-02).

Before Judges SKILLMAN, CUFF and WINKELSTEIN.


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

The Borough of North Haledon seeks to withdraw from the limited purpose regional high school district of which it is a member. The school is currently racially and ethnically diverse. In order to withdraw, North Haledon was required to obtain permission from a board of review to submit the question of its withdrawal to the voters of the regional high school district. The Board of Review appointed to review North...

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