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TOWN OF HARRISON BD. v. NETCHERT

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106 A.3d 1273 (2014)

439 N.J. Super. 164

TOWN OF HARRISON BOARD OF EDUCATION, Plaintiff, v. Barbara NETCHERT, Hudson County Clerk, Defendant, Borough of East Newark, Defendant-Intervenor.

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

Approved for Publication January 22, 2015.

Attorney(s) appearing for the Case

Richard E. Shapiro , Princeton, for plaintiff (Richard E. Shapiro, LLC, attorneys).

Mark E. Morchel , Deputy County Counsel for defendant ( Donato J. Battista , Hudson County Counsel, attorney).

Neil D. Marotta , Edgewater, and Michael A. D'Aquanni , Springfield, for defendant-intervenor (Law Offices of Marotta & Garvey and Roth D'Aquanni, LLC, attorneys).

This case presents an interesting conundrum: whether a referendum question that plaintiff concedes has no actual legal effect on the relationship between the parties nonetheless should be barred. Plaintiff Town of Harrison Board of Education ("Harrison BOE") filed a verified complaint in lieu of prerogative writs seeking an order...

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