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BD. OF ED., PASSAIC v. BD. OF ED. OF WAYNE

120 N.J. Super. 155 (1972)

293 A.2d 445

THE BOARD OF EDUCATION OF PASSAIC IN THE COUNTY OF PASSAIC, DAVID HAMMER AND ROBERT HOPKINS, INDIVIDUALLY, AND AS TAXPAYERS, AND BOARD OF EDUCATION OF THE CITY OF PATERSON IN THE COUNTY OF PASSAIC, INTERVENOR, PLAINTIFFS v. BOARD OF EDUCATION OF TOWNSHIP OF WAYNE, BOARD OF CHOSEN FREEHOLDERS OF PASSAIC COUNTY, AND BOARD OF TRUSTEES OF PASSAIC COUNTY CHILDREN'S SHELTER, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided July 6, 1972.

Attorney(s) appearing for the Case

Mr. Louis Marton, Jr. for plaintiffs Board of Education of Passaic, David Hammer and Robert Hopkins (Mr. Robert P. Swartz on the brief).

Mr. Robert P. Swartz for intervener Board of Education of the City of Paterson.

Mr. Herman W. Steinberg for defendants Board of Chosen Freeholders of Passaic County and Board of Trustees of Passaic County Children's Shelter (Mr. Anthony J. Orrico on the brief).

Mr. Sylvan Rothenberg for defendant Board of Education of Township of Wayne.

ROSENBERG, J.C.C.

The matters before this court are cross-motions by plaintiffs and defendants for summary judgment. The issues raised are of novel impression to the courts of New Jersey.

In December 1954 the Passaic County Board of Chosen Freeholders adopted a resolution creating a children's shelter in accordance with N.J.S.A. 9:12A-1 and further provided for the appointment of a board of Trustees...

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