Summary
The Supreme Court of New Jersey held that Warren County Community College’s board of school estimate could not compel the county board of chosen freeholders to fund the college’s capital project because the college had been created without the public participation contemplated by the governing statutes. The court concluded that the college retained its status, but its board of school estimate lacked authority to mandate county appropriations. The court also held that the statutory scheme was not unconstitutional when properly followed.
Holdings
- Because Warren County Community College was created without the public participation contemplated by the county-college statutes, its Board of School Estimate lacked authority to compel the County Freeholders to appropriate funds or issue bonds based on the Board's certifications.
- N.J.S.A. 18A:64A-15 and -19 are not unconstitutional merely because a mixed Board of School Estimate may compel expenditures contrary to the position of a majority of the elected freeholders, provided the statutory formation process includes the required opportunity for public input.
- The College retains its legal status and other statutory powers despite the irregularity in its formation; the defect limits only the Board of School Estimate's power to bind the County Freeholders through funding certifications.
Questions Presented
- Whether Warren County Community College's Board of School Estimate had statutory and constitutional authority to compel the County Freeholders to appropriate funds or issue bonds for a capital project when the College was created without the public-hearing, publication, and voter-participation procedures required for a county college.
- Whether N.J.S.A. 18A:64A-15 and -19 are unconstitutional as applied to Warren County merely because a mixed board of elected freeholders and nonelected college trustees could certify appropriations by a vote opposed by a majority of the elected freeholders.
- Whether the procedural defect in the College's formation required the College to lose its legal status or other statutory powers.
Disposition
affirmed
Cases Cited (7)
- Warren County Community College v. Warren County Board of Chosen Freeholders, 350 N.J.Super. 489, 796 A.2d 257 (App. Div. 2002)(partially affirmed and modified)
- Silverman v. Berkson, 141 N.J. 412, 417, 661 A.2d 1266 (1995), cert. denied, 516 U.S. 975 (1995)(followed)
- Township of Bernards v. Allen, 61 N.J.L. 228, 236, 39 A. 716 (E. & A. 1898)(followed)
- Gualano v. Bd. of Sch. Estimate of Elizabeth Sch. Dist., 39 N.J. 300, 305, 188 A.2d 569 (1963)(followed by analogy)
- Bd. of Educ. of Garfield v. City of Garfield, 147 N.J.Super. 146, 149, 370 A.2d 890 (App. Div. 1977)(followed by analogy)
- Donadio v. Cunningham, 58 N.J. 309, 325-26, 277 A.2d 375 (1971)(cited in concurrence)
- 172 N.J. 359, 798 A.2d 1272 (2002)(procedural history)
Cited In (0)
No citing cases on record yet.
Court Document
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