IN RE PETITION FOR AUTHORIZATION


854 A.2d 327 (2004)

181 N.J. 161

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-Appellants, v. Passaic County Manchester Regional High School District, Defendant-Respondent, and Ronni Nochimson, Passaic County Clerk; William Librera, Commissioner of Education; and Maria Nuccetelli, Passaic County Superintendent of Schools, Defendants.

Supreme Court of New Jersey.

Decided August 11, 2004.


Attorney(s) appearing for the Case

Vito A. Gagliardi, Jr., Morristown, argued the cause for appellants (Porzio, Bromberg & Newman, attorneys; Mr. Gagliardi and Thomas O. Johnston, on the briefs).

Rodney T. Hara, Fairlawn, argued the cause for respondent Passaic County Manchester Regional High School District Board of Education (Fogarty & Hara, attorneys; Mr. Hara and Janet L. Parmelee, on the briefs).

Allan P. Dzwilewski, Florham Park, argued the cause for respondents Haledon Board of Education, Borough of Haledon, Prospect Park Board of Education and Borough of Prospect Park (Schwartz Simon Edelstein Celso & Kessler, attorneys; Lenore B. Laracuente, on the briefs).

Michelle Lyn Miller, Senior Deputy Attorney General, argued the cause for respondent Board of Review (Peter C. Harvey, Attorney General of New Jersey, attorney; Nancy Kaplen, Assistant Attorney General, of counsel; Ms. Miller and Allison Colsey Eck, Deputy Attorney General, on the briefs).


Chief Justice PORITZ delivered the opinion of the Court.

In this consolidated action, appellants below1 challenged a decision of a Board of Review, duly constituted pursuant to N.J.S.A. 18A:13-56, that authorized a referendum to determine whether the Borough of North Haledon should be allowed to withdraw from the Passaic County Manchester Regional High School District. The crux of their argument was that the Board failed properly...

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