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MATAWAN REGIONAL TEACHERS ASS'N v. MATAWAN-ABERDEEN REGIONAL SCH. DIST. BD. OF EDUC.

223 N.J. Super. 504 (1988)

538 A.2d 1331

MATAWAN REGIONAL TEACHERS ASSOCIATION; BOROUGH OF MATAWAN; IRIS ALBIN ET AL., PETITIONERS-APPELLANTS, v. MATAWAN-ABERDEEN REGIONAL SCHOOL DISTRICT BOARD OF EDUCATION, RESPONDENT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 14, 1988.

Attorney(s) appearing for the Case

Mark J. Blunda argued the cause for appellants Matawan Regional Teachers Association of Matawan and individual petitioners (Oxfeld, Cohen & Blunda, attorneys; Mark J. Blunda and, James J. Cleary, of counsel and on the brief).

James J. Cleary argued the cause for appellant Borough of Matawan.

Vincent C. DeMaio argued the cause for respondent (DeMaio & DeMaio, attorneys; Vincent C. DeMaio, of counsel and on the brief).

W. Cary Edwards, Attorney General, attorney for State Board of Education (Nancy Kaplen Miller, Deputy Attorney General, on the statement in lieu of brief).

Before Judges FURMAN, BRODY and SCALERA.

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

The issue in this appeal is whether a local school board may lawfully adopt a plan, which includes the closing and sale of a school building, by a majority vote of its full membership after consideration at a single public meeting even though its bylaws require adoption by a 2/3 vote of its full membership after consideration at two public meetings. We hold that...

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