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CLAYTON v. KERVICK

56 N.J. 523 (1970)

267 A.2d 503

JOSEPH E. CLAYTON, ACTING COMMISSIONER OF THE NEW JERSEY DEPARTMENT OF EDUCATION AND THE NEW JERSEY EDUCATIONAL FACILITIES AUTHORITY, A PUBLIC CORPORATION AND GOVERNMENT INSTRUMENTALITY IN THE DEPARTMENT OF EDUCATION, PLAINTIFFS-RESPONDENTS, AND ASSOCIATION OF INDEPENDENT COLLEGES AND UNIVERSITIES IN NEW JERSEY, PLAINTIFF-INTERVENOR-RESPONDENT, v. JOHN A. KERVICK, STATE TREASURER OF NEW JERSEY, DEFENDANT-APPELLANT, AND HOWARD LEVINE, JACQUELINE LEVINE, JOSEPH MARZELL AND BELLE MARZELL, DEFENDANTS-INTERVENORS-APPELLANTS.

The Supreme Court of New Jersey.

Decided July 20, 1970.

Attorney(s) appearing for the Case

Mr. Alfred C. Clapp and Mr. Arnold K. Mytelka argued the cause for appellant.

Mr. Leo Pfeffer, of the New York bar, argued the cause for defendants-intervenors-appellants (Mr. Lewis Stein, attorney).

Mr. Joel A. Wolff argued the cause for plaintiff-intervenor-respondent (Mr. William C. Slattery, on the brief; Messrs. Pitney, Hardin and Kipp, attorneys).

Mr. Stephen G. Weiss, Assistant Attorney General, argued the cause for respondents (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney).

The opinion of the court was delivered by WEINTRAUB, C.J.

The question is whether the New Jersey Educational Facilities Authority Law, N.J.S.A. 18A:72A-1 et seq., violates the church-state provisions of the Federal and State Constitutions. Other challenges to the statute were rejected in Clayton v. Kervick, 52 N.J. 138 (1968). The issue now before us was there reserved, the parties then contemplating that a record...

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