TOWNSHIP OF MARLBORO v. BD. OF EDUC. OF FREEHOLD REGIONAL HIGH SCHOOL

Civil Action No. 97-5401.

992 F.Supp. 756 (1998)

TOWNSHIP OF MARLBORO, et al., Plaintiffs, v. THE BOARD OF EDUCATION OF the FREEHOLD REGIONAL HIGH SCHOOL, et al., Defendants.

United States District Court, D. New Jersey.

February 4, 1998.


Attorney(s) appearing for the Case

James S. Rothschild, Jr., Riker, Danzig, Scherer, Hyland & PerrettiMorristown, NJ, Stuart J. Moskovitz, Manalapan, NJ, for Plaintiff Township of Marlboro, Marcus & Greenstein.

Robert F. Munoz, Lomurro, Davison, Eastman & Munoz, Freehold, NJ, for Plaintiff Township of Manalapan & Bachman.

Paul K. Hennessy, Brian D. Lieberman, Waters, McPherson, McNeill Secaucus, NJ, for Defendant Board of Education of Freehold Regional High School.

John K. Worthington, Office of the New Jersey Attorney General, Trenton, NJ, for Defendants Maddaluna & Klagholz.

Howard M. Newman, Kalac, Newman, Lavender & Campbell Neptune, NJ, for Defendant Colts Neck.


OPINION

WOLIN, District Judge.

The issues presented by this declaratory judgment action demonstrate how application of a constitutional principle in a doctrinaire manner, while promoting one community interest, will disserve a competing community interest. At stake is the application of the "one-person, one-vote" principle to a limited regional school board. While the passage of time and the shift of population mandates a weighted vote, the implementation...

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