CRAWFORD v. DAVY

No. A-1297-07T2

JOSHUA CRAWFORD, JASON CRAWFORD, and JUSTIN CRAWFORD, minors, by their guardian ad litem, Van-Ness Crawford; TYWAN DAVIS, minor, by his guardian ad litem, Floyd Tally; CATHTYA VELASQUEZ and CATHYDIA RUIZ, minors, by their guardian ad litem, Enrique Ruiz; KEYINA ROYALL, minor, by her guardian ad litem, Michele Royall; SHAKUR MCNAIR and VANISHA MCNAIR, minors, by their guardians ad litem, Ericka and Sharon McNair; ALEXIS MENDEZ, minor, by his guardian ad litem, Melitza Mendez; NAJEE AND J-AJANAE BEY, minors, by their guardian ad litem, Anetra Bey; DONTE RAMOS, minor, by her guardian ad litem, Maribel Ramos, Plaintiffs-Appellants, v. LUCILLE DAVY, State Commissioner of Education; YUT'SE THOMAS, Director of the Office of School Funding; ROBERT G. KOERTZ, Director of State Budget and Accounting; BRADLEY ABELOW, New Jersey State Treasurer; STATE BOARD OF EDUCATION; AND BOARDS OF EDUCATION OF: ASBURY PARK, ATLANTIC CITY, BEVERLY CITY, BOUND BROOK, BRIDGETON, CAMDEN, CLEMENTON BOROUGH, EAST ORANGE, ELIZABETH, ENGLEWOOD CITY, IRVINGTON, JERSEY CITY, LAKEWOOD TOWNSHIP, LAWNSIDE BOROUGH, MILLVILLE CITY, NEW BRUNSWICK, NEWARK, ORANGE, PATERSON, PERTH AMBOY, SALEM CITY, TRENTON, WILDWOOD, WOODBINE, AND WOODLYNNE BOROUGH, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division

Decided: November 23, 2009


Attorney(s) appearing for the Case

Patricia Bombelyn and Julio C. Gomez argued the cause for appellants (Perez & Bombelyn, P.C. and Gomez LLC, attorneys; Ms. Bombelyn and Mr. Gomez on the briefs).

Michelle Lyn Miller, Senior Deputy Attorney General, argued the cause for the State respondents (Anne Milgram, Attorney General, attorney; Nancy Kaplen, Assistant Attorney General, of counsel; Ms. Miller and Cynthia Raymond, Deputy Attorney General, on the brief).

Richard A. Friedman argued the cause for amicus curiae New Jersey Education Association (Zazzali, Fagella, Nowak, Kleinbaum & Friedman, P.C., attorneys; Mr. Friedman, of counsel and on the brief; Michael P. Chiacchio, on the brief).

Frances Wang Deveney argued the cause for respondent Atlantic City Board of Education (Marks, O'Neill, O'Brien & Courtney, P.C., attorneys; Ms. Deveney, on the brief).

Richard E. Shapiro argued the cause for respondents Asbury Park, East Orange, Elizabeth, Jersey City, Paterson, Perth Amboy, Salem City and City of Trenton Boards of Education.

Melvin C. Randall argued the cause for respondent Orange Township Board of Education (Love & Randall, attorneys; Mr. Randall, on the brief).

Rita F. Barone argued the cause for respondents Bound Brook, Englewood, Wildwood, and Woodbine Boards of Education (Purcell, Ries, Shannon, Mulcahy & O'Neill, attorneys; Ms. Barone, of counsel and on the brief; Alyssa K. Weinstein, on the brief).

John S. Favate argued the cause for respondent New Brunswick Board of Education (Hardin, Kundla, McKeon & Poletto, P.A., attorneys; Mr. Favate, of counsel and on the brief).

Michael I. Inzelbuch, attorney for respondent Lakewood Board of Education, joins in the briefs of all respondents.

Hunt, Hamlin & Ridley, attorneys for respondent Irvington Board of Education, join in the briefs of all respondents.

Perry L. Lattiboudere, attorney for respondent Newark Board of Education, joins in the briefs of all respondents.

Comegno Law Group, P.C., attorneys for respondent Woodlynne Board of Education, join in the briefs of all respondents.

Wolf Block, LLP, attorneys for respondents Camden and Lawnside Boards of Education, join in the briefs of all respondents.

Parker McCay, attorneys for respondents Borough of Clementon and City of Beverly Boards of Education, join in the briefs of all respondents.

Casarow, Kienzle & Raczenbek, attorneys for respondent City of Bridgeton Board of Education, join in the briefs of all respondents.

Robinson, Andujar & Webb, attorneys for respondent City of Millville Board of Education, join in the brief of respondent Orange Township Board of Education.

Before Judges Rodríguez, Waugh and Newman.


PER CURIAM

Plaintiffs appeal the dismissal of their putative class action seeking to vindicate their rights, and those of the proposed class, to a "thorough and efficient education" as guaranteed by the New Jersey Constitution, N.J. Const. art. VIII, § 4 ("thorough and efficient education" clause), and other constitutional and statutory provisions. They allege that those rights have been violated by various defendant State officials

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