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BD. OF EDUC. v. MAYOR & COUNCIL

282 N.J. Super. 442 (1995)

660 A.2d 555

BOARD OF EDUCATION OF THE BOROUGH OF SOUTH RIVER, PLAINTIFF-APPELLANT, v. MAYOR AND COUNCIL OF THE BOROUGH OF SOUTH RIVER, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 6, 1995.

Attorney(s) appearing for the Case

Robert A. Blanda argued the cause for appellant.

Frank J. Paprota, Jr., argued the cause for respondent.

New Jersey School Boards Association, amicus curiae (Susan E. Galante, Director, Legal Department; Donna M. Kaye, Associate Counsel, on the brief).

Before Judges BRODY, LONG and ARNOLD M. STEIN.

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

Plaintiff Board of Education of the Borough of South River (Board) governs a Type II school district whose annual budget must be submitted to the electorate pursuant to N.J.S.A. 18A:22-33. The Board commenced this action against defendant Mayor and Council of the Borough of South River (Borough) for a judgment in the amount of $423,500, the sum restored to the Board's 1993-94 budget by the Commissioner...

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