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SCHINCK v. BD. OF ED. OF WESTWOOD CONSOL. SCHOOL DIST.

60 N.J. Super. 448 (1960)

159 A.2d 396

CHARLES SCHINCK, GUSTAVE PEARRIUS, WILBUR N. LAMPHIER AND WILLIAM BLAU, PLAINTIFFS-APPELLANTS, v. BOARD OF EDUCATION OF THE WESTWOOD CONSOLIDATED SCHOOL DISTRICT, FREDERICK M. RAUBINGER, STATE COMMISSIONER OF EDUCATION, AND BOARD OF LOCAL GOVERNMENT OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 28, 1960.

Attorney(s) appearing for the Case

Mr. William DeLorenzo, Jr., argued the cause for plaintiffs (Messrs. DeLorenzo & Garofalo, attorneys; Mr. DeLorenzo, on the brief).

Mr. Lee A. Holley, Deputy Attorney General, argued the cause for defendants (Mr. David D. Furman, Attorney General, attorney for defendants Frederick M. Raubinger, State Commissioner of Education, and State Board of Local Government); Messrs. Evans, Hand & Evans, attorneys for defendant Board of Education of Westwood Consolidated School District (Mr. William W. Evans, Jr., of counsel; Mr. W. Fletcher Hock, Jr., on the brief); Mr. Frank J. Cuccio, attorney for the Inhabitants of Washington Township, amicus curiae, joining in the brief of defendant Board of Education.

Before Judges GOLDMANN, CONFORD and HANEMAN.

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

These appeals involve a review under R.R. 4:88-8 of the consents given by the State Commissioner of Education (hereinafter "Commissioner") and the State Local Government Board (hereinafter "Board") to a proposal for a new school bond issue, in excess of defendant school district's debt limit, acting under N.J.S.A. 18:5-86. Plaintiffs, who are residents and taxpayers of the Borough of Westwood...

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