SEASIDE PARK v. COM'R OF N.J.

Docket No. A-0743-10T4

74 A.3d 80 (2013)

432 N.J. Super. 167

BOROUGH OF SEASIDE PARK, Seaside Park Board of Education, Susan Brosnan, Thomas Connors, Patricia DeGutis, Faye Haring, James Jablonski, Louis Macchiaverna, Robert Matthies, David Meyer, Richard McMillan, Maryann Palmisano, Andrew Sbordone, Ann Wehrlen, and Marty Wilk, Jr., Plaintiffs-Appellants/Cross-Respondents, v. COMMISSIONER OF the NEW JERSEY DEPARTMENT OF EDUCATION, Central Regional School District Board of Education, Berkeley Township, Berkeley Township Board of Education, Borough of Ocean Gate, Ocean Gate Board of Education, and Borough of Seaside Heights, Defendants-Respondents, and Borough of Island Heights, Island Heights Board of Education, and Seaside Heights Board of Education, Defendants-Respondents/Cross-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided August 12, 2013.


Attorney(s) appearing for the Case

Vito A. Gagliardi, Jr. , argued the cause for appellants/cross-respondents (Porzio, Bromberg & Newman, P.C., attorneys; Mr. Gagliardi, of counsel and on the briefs; Kerri A. Wright and Phillip C. Bauknight , Morristown, on the briefs).

Melissa T. Dutton , Deputy Attorney General, argued the cause for respondent Commissioner of the New Jersey Department of Education (Jeffrey S. Chiesa, Attorney General, attorney; Lewis A. Scheindlin , Assistant Attorney General, of counsel; Ms. Dutton and Susan M. Huntley , Deputy Attorney General, on the brief).

Arthur Stein argued the cause for respondent Central Regional School District Board of Education (Stein & Supsie, attorneys; Mr. Stein, of counsel and on the brief; Angela M. Koutsouris , Forked River, on the brief).

Francis J. Campbell , Neptune, argued the cause for respondent Township of Berkeley (Campbell & Pruchnik, LLC, attorneys; Mr. Campbell, of counsel and on the brief).

Dina M. Vicari argued the cause for respondent Berkeley Township Board of Education (R.C. Shea & Associates, attorneys; Ms. Vicari, on the brief).

Robert W. Allen , Toms River, argued the cause for respondents Borough of Ocean Gate and Ocean Gate Board of Education (Gluck & Allen, LLC, attorneys; Gena M. Koutsouris , on the brief).

Kenneth M. Kukfa , Cranbury, argued the cause for respondent/cross-appellant Borough of Island Heights (Kenneth M. Kukfa, attorney; Christian E. Schlegel , Toms River, on the brief).

Ben A. Montenegro , Brick Town, argued the cause for respondent/cross-appellant Island Heights Board of Education (Montenegro, Thompson, Montenegro & Genz, P.C., attorneys; Mr. Montenegro, of counsel and on the brief).

David M. Casadonte , Toms River, argued the cause for respondent/cross-appellant Seaside Heights Board of Education.

Respondent Borough of Seaside Heights has not filed a brief.

Before Judges AXELRAD, SAPP-PETERSON and NUGENT.


The opinion of the court was delivered by

AXELRAD, P.J.A.D.

Plaintiffs-appellants, the Borough of Seaside Park, its Board of Education, and thirteen taxpaying residents, as well as defendants-respondents/cross-appellants, the Seaside Heights Board of Education, and the Borough of Island Heights and its Board of Education, appeal from the Chancery Division's dismissal of their various claims seeking dissolution of the Central Regional School District (Central...

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