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LAMMERS v. BD. OF EDUC.

134 N.J. 264 (1993)

633 A.2d 526

CATHERINE LAMMERS, PETITIONER-RESPONDENT, v. BOARD OF EDUCATION OF THE BOROUGH OF POINT PLEASANT, RESPONDENT.

The Supreme Court of New Jersey.

Decided December 8, 1993.

Attorney(s) appearing for the Case

Arlene Goldfus Lutz, Deputy Attorney General, argued the cause for appellant, State Board of Education (Fred DeVesa, Acting Attorney General of New Jersey, attorney; Mary C. Jacobson, Senior Deputy Attorney General, of counsel).

Stephen B. Hunter argued the cause for respondent, Catherine Lammers (Klausner, Hunter, Cige & Seid, attorneys).

Richard A. Friedman argued the cause for amicus curiae, New Jersey Education Association (Zazzali, Zazzali, Fagella & Nowak, attorneys).

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

The primary question presented in this appeal is whether a teacher's one-year maternity leave creates a vacancy for purposes of N.J.S.A. 18A:28-12. We hold that it does not, and therefore reverse the judgment of the Appellate Division and reinstate the decision of the State Board of Education.

I.

The facts are undisputed. Plaintiff, Catherine Lammers, a tenured English teacher in the...

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