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In re December 9

Superior Court of New Jersey, Appellate Division

March 4, 2015

IN THE MATTER OF DECEMBER 9, 2014 SPECIAL SCHOOL ELECTION

Argued: February 11, 2015.

Approved for Publication March 4, 2015.

On appeal from the Superior Court of New Jersey, Law Division, Cape May County, L-463-14.

Brett E.J. Gorman argued the cause for appellant Board of Education of the Lower Cape May Regional School District, Cape May County ( Parker McCay P.A., attorneys; Mr. Gorman, on the brief).

James B. Arsenault, Jr., Acting County Counsel, argued the cause for respondent County of Cape May.

Francis J. Campbell argued the cause for respondent Township of Lower ( Campbell & Pruchnik LLC, attorneys; Mr. Campbell, on the brief).

Frank L. Corrado argued the cause for respondent Borough of West Cape May ( Barry, Corrado & Grassi, P.C., attorneys, join in the brief of respondent Township of Lower).

Kerri A. Wright argued the cause for respondent City of Cape May ( Porzio, Bromberg & Newman, attorneys; Vito A. Gagliardi, Jr., of counsel and on the brief; Ms. Wright and Okechi C. Ogbuokiri, on the brief).

Before Judges WAUGH, MAVEN, and CARROLL.

OPINION

[439 N.J.Super. 417] CARROLL, J.A.D.

In this case of first impression, we are called upon to determine which entity must bear the cost of a special school election held pursuant to N.J.S.A. 18A:13-57 when a municipality seeks to withdraw from a limited purpose regional school district. For the reasons that follow, we conclude that such cost must be borne by the school district and not the municipality that initiates the withdrawal request.

I.

The Lower Cape May School District (the District) is a limited purpose school district ...


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