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IN RE UPPER FREEHOLD REG'L SCHOOL DIST.

86 N.J. 265 (1981)

IN THE MATTER OF THE APPLICATION OF THE BOARD OF EDUCATION OF UPPER FREEHOLD REGIONAL SCHOOL DISTRICT, MONMOUTH COUNTY.

The Supreme Court of New Jersey.

Decided June 10, 1981.

Attorney(s) appearing for the Case

Peter P. Kalac argued the cause for appellant Board of Education of Upper Freehold Regional School District (Kalac, Newman & Griffin, attorneys).

Alfred E. Ramey, Jr., Deputy Attorney General, argued the cause for respondent State Board of Education (John J. Degnan, Attorney General of New Jersey, attorney; Stephen Skillman, Assistant Attorney General, of counsel).

John I. Dawes argued the cause for respondent Governing Body of Upper Freehold Township (Dawes & Youssouf, attorneys; Sanford D. Brown, on the brief).

Henry G.P. Coates argued the cause for respondent Borough of Allentown (Turp, Coates, Essl & Driggers, attorneys).

Lewis Goldshore and Marsha Wolf submitted a brief on behalf of amicus curiae New Jersey Institute of Municipal Attorneys (Goldshore & Wolf, attorneys).

David W. Carroll, General Counsel, submitted a brief on behalf of amicus curiae New Jersey School Boards Association.

The opinion of the Court was delivered by POLLOCK, J.

The sole issue in this case is whether the Commissioner and State Board of Education, pursuant to the constitutional and statutory obligation to provide a thorough and efficient education, can direct a local school district to issue bonds for a capital project for a public school, after the voters of the district have rejected referenda to finance the project. We conclude that the Commissioner and the State Board...

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