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ALLEN v. BOARD OF EDUC.

233 N.J. Super. 642 (1989)

559 A.2d 883

JOAN M. ALLEN AND PAUL C. BRUSH, INDIVIDUALLY ON BEHALF OF THE TOWNSHIP OF DOVER, AND AS MEMBERS OF THE DOVER TOWNSHIP COMMITTEE, PLAINTIFFS, v. TOMS RIVER REGIONAL BOARD OF EDUCATION; RODEN S. LIGHTBODY, MAYOR AND COUNCIL OF BEACHWOOD BOROUGH; WILLIAM T. HORNIDGE, DOMINICK GRIESI, GERALD W. LACROSSE, NORMAN BROWN, PARKER LEACH, PATRICIA MORAN, JOHN TILTON, AND JOSEPH F. ZACH, OCEAN COUNTY SUPERINTENDENT OF SCHOOLS, DEFENDANTS. BOROUGH OF PINE BEACH, PLAINTIFF, v. TOMS RIVER REGIONAL BOARD OF EDUCATION; JOSEPH F. ZACH, OCEAN COUNTY SUPERINTENDENT OF SCHOOLS, AND BOROUGH OF BEACHWOOD, DEFENDANTS.

Superior Court of New Jersey, Law Division Ocean County.

Decided April 26, 1989.

Attorney(s) appearing for the Case

William A. Ward, for plaintiffs Joan M. Allen and Paul C. Brush (Cordo, Murphy and Ward, attorneys, Joan L. Murphy on the brief).

Douglas J. Hull, for plaintiff Borough of Pine Beach (Summerill and Hull, attorneys).

Joseph Dempsey, for defendant Toms River Regional Board of Education.

Edmund J. Corrigan, for defendant Roden S. Lightbody.

Ronald E. Hoffman for defendant Borough of Beachwood (Hiering & Hoffman, attorneys).

Alfred E. Ramey, Jr., Deputy Attorney General, for defendant Joseph F. Zach (Peter N. Perretti, Jr., Attorney General).

Edward J. Delanoy, Jr. for amicus curiae Borough of South Toms River (Russo, Foster, Secare & Ford, attorneys).

SERPENTELLI, A.J.S.C.

This case implicates the seldom used doctrine of necessity which allows an official to participate in public business notwithstanding an otherwise disqualifying conflict. The issue is whether the doctrine is properly invoked in the following circumstances.

The Township of Dover and the Boroughs of South Toms River, Beachwood and Pine Beach are the constituent members of the Toms River Regional Board of Education. On April 4, 1989, voters...

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