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EVANS v. ATLANTIC CITY BD. OF EDUC.

DOCKET NO. A-1939-07T3.

960 A.2d 768 (2008)

404 N.J. Super. 87

Scott EVANS, Petitioner-Respondent, v. ATLANTIC CITY BOARD OF EDUCATION, Margate City Board of Education, Borough of Longport Board of Education, City of Brigantine Board of Education and Atlantic County Board of Education, Respondents-Respondents, and Ventnor City Board of Education, Respondent-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 10, 2008.

Attorney(s) appearing for the Case

Joan H. Langer, Newark, argued the cause for appellant Ventnor City Board of Education (LeClairRyan, attorneys; Robert C. Neff, Jr., of counsel and on the brief).

Philip G. George, argued the cause for respondent Scott Evans (Eric M. Bernstein & Associates, attorneys; Eric Martin Bernstein, Warren and Mr. George, of counsel; Mr. George, on the brief).

Anne Milgram, Attorney General, for respondent State Board of Education (Joyce D. Atkins, Deputy Attorney General, on the brief).

Respondents Atlantic City Board of Education, Margate City Board of Education, Longport Board of Education, Brigantine Board of Education and Atlantic County Board of Education did not file briefs.

Before Judges CUFF, FISHER and BAXTER.

The opinion of the court was delivered by

FISHER, J.A.D.

N.J.S.A. 18A:38-8.1 enumerates those matters on which a sending-district representative is eligible to vote on a receiving district's board. We must enforce this statute literally because its unambiguous language, as illuminated by its legislative history, reveals an intent to permit voting only on enumerated matters. We thus affirm the agency decision, which held sending-district representatives...

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