IN RE AUTHORIZATION TO CONDUCT REFERENDUM

DOCKET NO. A-1318-07T1.

967 A.2d 341 (2009)

406 N.J. Super. 198

In re Petition for AUTHORIZATION TO CONDUCT a REFERENDUM ON the WITHDRAWAL OF the BOROUGH OF ORADELL FROM the RIVER DELL REGIONAL SCHOOL DISTRICT.

Superior Court of New Jersey, Appellate Division.

Decided April 1, 2009.


Attorney(s) appearing for the Case

Vito A. Gagliardi, Jr., Morristown, argued the cause for appellant, Borough of Oradell (Porzio, Bromberg & Newman, attorneys; Mr. Gagliardi, of counsel and on the brief; Kerri A. Wright, on the brief).

Stephen R. Fogarty, Fairlawn, argued the cause for respondent, River Edge Board of Education (Fogarty & Hara, attorneys; Mr. Fogarty, of counsel and on the brief; Thomas Scapoli, on the brief).

Rodney T. Hara, Fairlawn, argued the cause for respondent, River Dell Regional School District Board of Education (Fogarty & Hara, attorneys; Mr. Hara, of counsel and on the brief; Brent R. Pohlman, on the brief).

William R. Lindsley, attorney for respondent, Borough of River Edge, joins in the brief filed by respondent, River Edge Board of Education.

Sookie Bae, Deputy Attorney General, argued the cause for respondent, Board of Review (Anne Milgram, Attorney General, attorney; Melissa H. Raksa, Deputy Attorney General, of counsel; Ms. Bae, on the brief).

Before Judges WINKELSTEIN, FUENTES and CHAMBERS.


The opinion of the court was delivered by

WINKELSTEIN, P.J.A.D.

On May 10, 2007, the Borough of Oradell filed a petition for authorization to conduct a referendum to withdraw from the River Dell Regional School District (the District) in Bergen County. The District consists of two municipalities, Oradell and the Borough of River Edge. Petitioner's withdrawal would dissolve the District.

Petitioner premised its withdrawal on the creation of mutual ...

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