Opinion
A-35 September Term 1999
Argued February 29, 2000
Decided June 28, 2000
On certification to the Superior Court, Appellate Division.
James L. Plosia, Jr., argued the cause for appellant, Highland Park Board of Education (Apruzzese, McDermott, Mastro Murphy, attorneys; Mr. Plosia and Joseph C. DeBlasio, of counsel and on the briefs).
Lois H. Goodman argued the cause for respondent, Greater Brunswick Charter School (Carpenter, Bennett Morrissey, attorneys; Ms. Goodman and Stephen F. Payerle, of counsel, Ms. Goodman, Mr. Payerle and Melissa B. Popkin, on the briefs).
Michelle Lyn Miller, Deputy Attorney General, argued the cause for respondent State Board of Education (John J. Farmer, Jr., Attorney General of New Jersey, attorney; Nancy Kaplen, of counsel; John K. Worthington, Deputy Attorney General, on the briefs).
David G. Sciarra, Executive Director, Education Law Center argued the cause for amicus curiae Abbott plaintiffs (Mr. Sciarra andGibbons, Del Deo, Dolan, Griffinger Vecchione, attorneys; Mr. Sciarra, Lawrence S. Lustberg and Lori Outzs Borgen, on the brief).
Richard E. Shapiro submitted a brief on behalf of amicus curiae Asbury Park Board of Education. John G. Geppert, Jr., submitted a letter in lieu of brief on behalf of amicus curiae Morris School District (Wiley, Malehorn and Sirota, attorneys).
Christopher J. Christie submitted a brief on behalf of amicus curiae New Jersey Charter Public Schools Association (Dughi and Hewit, attorneys; Mr. Christie and Gary L. Riveles on the brief).
CHIEF JUSTICE PORITZ, JUSTICES STEIN, COLEMAN, LONG and LaVECCHIA, and JUDGES HAVEY and CARCHMAN join in the Court's opinion. JUSTICES O'HERN and VERNIERO did not participate.
We affirm the judgment below substantially for the reasons stated in the opinion of the Appellate Division, reported at 320 N.J. Super. 174 (1999), except to the extent that it is modified by our decision in the companion appeal of In the Matter of the Grant of the Charter School Application of Englewood on the Palisades Charter School, In the Matter of the Grant of the Charter School Application of the Classical Academy Charter School of Clifton, Passaic County, In the Matter of the Grant of the Charter School Application of the Franklin Charter School, Somerset County, 264 N.J. 316 (2000), also decided today.