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TP. OF BERKELEY HEIGHTS IN CTY. UNION v. BD. OF ED. OF UNION CO.

40 N.J. Super. 549 (1956)

123 A.2d 810

TOWNSHIP OF BERKELEY HEIGHTS IN THE COUNTY OF UNION, A MUNICIPAL CORPORATION OF NEW JERSEY, PLAINTIFF, v. BOARD OF EDUCATION OF THE UNION COUNTY REGIONAL HIGH SCHOOL DISTRICT NO. 1; TOWNSHIP OF SPRINGFIELD IN THE COUNTY OF UNION, A MUNICIPAL CORPORATION OF NEW JERSEY; BOROUGH OF MOUNTAINSIDE IN THE COUNTY OF UNION, A MUNICIPAL CORPORATION OF NEW JERSEY; BOROUGH OF KENILWORTH IN THE COUNTY OF UNION, A MUNICIPAL CORPORATION OF NEW JERSEY; BOROUGH OF GARWOOD IN THE COUNTY OF UNION, A MUNICIPAL CORPORATION OF NEW JERSEY; TOWNSHIP OF CLARK IN THE COUNTY OF UNION, A MUNICIPAL CORPORATION OF NEW JERSEY; AND THE UNION COUNTY BOARD OF TAXATION, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided June 29, 1956.

Attorney(s) appearing for the Case

Mr. Edward A. Pizzi, attorney for plaintiff (Mr. Richard G. O'Brien, appearing).

Messrs. Ryan & Saros, attorneys for defendant Board of Education of the Union County Regional High School District No. 1.

Mr. Max Sherman, attorney for defendant Township of Springfield.

Mr. Earl Pollack, attorney for defendant Borough of Kenilworth.

Mr. Louis J. Dughi, attorney for defendant Borough of Garwood.

Mr. Morris Barnett, attorney for defendant Township of Clark.

Mr. Grover C. Richman, Jr., Attorney-General of New Jersey, attorney for defendant Union County Board of Taxation (Mr. Thomas P. Cook, Deputy Attorney-General, appearing).

HUGHES, J.S.C.

This complaint in lieu of prerogative writ was filed by the Township of Berkeley Heights, which is one of the municipal taxing districts of the County of Union. It is likewise one of the constituent municipal taxing school districts comprising Union County Regional High School District No. 1. That district exists by virtue of its creation pursuant to a special election called for that purpose in 1935...

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