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STUBAUS v. WHITMAN

770 A.2d 1222 (2001)

339 N.J. Super. 38

Verner STUBAUS and Laura Stubaus, Anthony J. McKenna and Theresa McKenna, Leonard P. Kiczak and Regina D. Kiczak, Bergenfield School District, Bloomingdale School District, Bloomfield Township Schools, Bordentown Regional Schools, Butler School District, Clearview School District, Delanco Township Schools, Dover Town Schools, East Amwell School District, East Windsor Regional School District, Edison Township School District, Estell Manor City Schools, Franklin Township Schools, Glen Ridge School District, Hackettstown School District, Hampton Borough School District, High Bridge School District, Highland Park School District, Jamesburg School District, Lenape Regional School District, Linwood City Schools, Manasquan School District, Matawan-Aberdeen Regional School District, Mount Arlington School District, Newtown School District, North Plainfield Borough Schools, Old Bridge Township Schools, Passaic County Manchester Regional School District, Piscataway School District, Pompton Lakes School District, Ringwood School District, Roselle Borough Schools, Roselle Park SchooL District, Sayerville School District, South Bound Brook Schools, Spotswood School District, Sussex-Wantage Regional Schools, Tabernacle Township Schools, Upper Freehold Regional Schools, Wanaque School District, Plaintiffs-Appellants, v. Christine Todd WHITMAN, Governor of the State of New Jersey, in her Official Capacity Only, Donald DiFrancesco, President of The New Jersey Senate, in his Official Capacity Only, Jack Collins, Speaker of the New Jersey Assembly, in his Official Capacity Only, Leo Klagholz, Commissioner of Education, in his Official Capacity Only, James Dieleuterio, Treasurer of the State of New Jersey, in his Official Capacity Only, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided April 5, 2001.

Attorney(s) appearing for the Case

David B. Rubin, Metuchen, for appellants (Mr. Rubin and David H. Coates, Hightstown, attorneys; Mr. Rubin and Mr. Coates, on the brief).

Michelle Lyn Miller, Deputy Attorney General, for respondent Christine Todd Whitman, Governor of New Jersey (John J. Farmer, Jr., Attorney General, Nancy Kaplen, Assistant Attorney General, of counsel; Ms. Miller, on the brief).

Jean L. Cipriani, Toms River, for respondent Donald DiFrancesco, President of the New Jersey Senate (Gilmore & Monahan, attorneys; Ms. Cipriani, on the brief).

Before Judges COBURN, LEFELT and AXELRAD.

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

Plaintiffs, seven individual homeowners and property taxpayers and forty-two middle income school districts, sued the Governor, President of the Senate, Speaker of the Assembly, Commissioner of the Department of Education and State Treasurer, challenging the public school funding system that was established by N.J.S.A. 18A:7F-1 to -36, the Comprehensive Education...

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