J.D. v. DAVY

No. A-1375-08T2.

2 A.3d 387 (2010)

415 N.J. Super. 375

J.D., by his mother Trisha SCIPIO-DERRICK; J.G., by her guardian Marcelle Gregory-Beck; J.C., by his mother Latonya Colson; D.C., by her mother Latonya Colson, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Lucille DAVY, Commissioner of the New Jersey Department of Education, in her official capacity; Stuart Rabner, New Jersey Attorney General, in his official capacity; Bradley Abelow, Treasurer of the State of New Jersey, in his official capacity; Yut'se Thomas, Assistant Commissioner of the New Jersey Department of Education, Finance Division, in her official capacity, Scott Weiner, Chief Executive Officer, New Jersey Schools Construction Corporation, in his official capacity, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 16, 2010.


Attorney(s) appearing for the Case

Avidan Y. Cover argued the cause for appellants (Seton Hall Law School Center for Social Justice, attorneys; Mr. Cover and Emily B. Goldberg, Newark, on the briefs).

Shannon M. Ryan, Deputy Attorney General, argued the cause for respondents (Paula T. Dow, Attorney General, attorney; Nancy Kaplen, Assistant Attorney General, of counsel; Michelle Lyn Miller, Senior Deputy Attorney General, on the brief).

Before Judges LISA, BAXTER and COBURN.


The opinion of the court was delivered by

LISA, P.J.A.D.

Plaintiffs, four students attending two Newark Charter Schools, brought this putative class action on behalf of the approximately 3100 Newark children attending charter schools. They contended that provisions in the Educational Facilities Construction and Financing Act (EFCFA), N.J.S.A. 18A:7G-1 to -48, and the Charter School Program Act of 1995 (CSPA), N.J.S.A. 18A:36A-1 to -18, that govern...

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