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ELC v. DOE

A-100 September Term 2007

966 A.2d 1054 (2009)

198 N.J. 274

EDUCATION LAW CENTER, On Behalf of Abbott v. Burke Plaintiff Children, Plaintiff-Respondent, v. NEW JERSEY DEPARTMENT OF EDUCATION, Defendant-Appellant.

Supreme Court of New Jersey.

Decided March 26, 2009.

Attorney(s) appearing for the Case

Nancy Kaplen, Assistant Attorney General, argued the cause for appellant (Anne Milgram, Attorney General of New Jersey, attorney; Lewis A. Scheindlin, Assistant Attorney General, of counsel; Melissa T. Dutton, Deputy Attorney General, on the brief).

Eric A. Stone argued the cause for respondent (David G. Sciarra, Executive Director, Education Law Center, attorney; Mr. Stone, Elizabeth Ann Athos, Jersey City and Koren Larissa Bell, admitted pursuant to R. 1:21-3(c), of counsel and on the brief).

Justice LaVECCHIA delivered the opinion of the Court.

This case began with a demand for the production of documents held by the State Department of Education (DOE). The requesting party was the Education Law Center (ELC), the representative of pupils in the State's poorest school districts who are involved in litigation with DOE over a revised state funding formula for public education. Although thousands of documents were released, an issue remains as to whether...

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