IN RE RED BANK CHARTER SCHOOL


843 A.2d 365 (2004)

367 N.J. Super. 462

I/M/O Grant of Renewal Application of the RED BANK CHARTER SCHOOL, Monmouth County.

Superior Court of New Jersey, Appellate Division.

Decided March 17, 2004.


Attorney(s) appearing for the Case

R. Armen McOmber argued the cause for appellant (McOmber & McOmber, attorneys; Mr. McOmber, on the brief).

Kimberley Lake Franklin, Deputy Attorney General, argued the cause for respondent State Board of Education (Peter C. Harvey, Attorney General, attorney; Ms. Franklin, on the brief).

David C. Apy, Newark, argued the cause for respondent Red Bank Charter School (McCarter & English, attorneys; Mr. Apy, of counsel and on the brief).

Richard A. Friedman, Camden, argued the cause for Amicus Curiae, New Jersey Education Association (Zazzali, Fagella, Nowak, Kleinbaum & Friedman, attorneys; Mr. Friedman, of counsel and on the brief; Edward M. Suarez, Jr., on the brief).

Philip G. Gallagher argued the cause for Amicus Curiae, American Civil Liberties Union of New Jersey (Gibbons, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Mr. Gallagher and Lawrence S. Lustberg, on the brief).

Greenberg Traurig, attorneys for Amicus Curiae, Excellent Education For Everyone (Sara Beth Lewis and Briscoe R. Smith, of counsel; Ms. Lewis, on the brief).

Before Judges STERN, A.A. RODRÍGUEZ and LEFELT.


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

The Red Bank Board of Education opposed the renewal and expansion of the charter for the Red Bank Charter School, arguing, along with several other arguments, that the school's operation had worsened the racial/ethnic imbalance in the district schools. After conducting a site visit, interviewing several Charter School representatives, and reviewing the reports and other...

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