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SMITH v. BD. OF EDUCATION, BOROUGH OF DEMAREST

35 N.J. Super. 82 (1955)

113 A.2d 187

ROBERT HOLDEN SMITH, ET AL., PLAINTIFFS-APPELLANTS, v. THE BOARD OF EDUCATION OF THE BOROUGH OF DEMAREST, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 1, 1955.

Attorney(s) appearing for the Case

Mr. William V. Breslin argued the cause for the plaintiffs-appellants.

Mr. Milton T. Lasher argued the cause for the defendant-respondent (Mr. Willard B. Knowlton, attorney).

Before Judges GOLDMANN, FREUND and CONFORD.

The opinion of the court was delivered by FREUND, J.A.D.

The plaintiffs, residents and taxpayers of the Borough of Demarest, Bergen County, instituted this action by complaint in lieu of prerogative writ, to set aside a referendum adopted at a special election held on June 24, 1954, approving the issuance of school bonds in the amount of $290,000 to be used for the construction of additional school facilities.

The plaintiffs charge that at a public hearing...

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