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Boult v. Board of Education of Passaic

Sarah Boult Et Al., Prosecutors, v. Board of Education of the City of Passaic, and Commissioner of Education, and the State Board of Education, Defendants

Boult v. Bd. of Educ. of Passaic, 51 A.2d 537 (N.J. 1947)
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Court
Supreme Court of New Jersey · State Highest Courts
Decided
March 19, 1947
Judges
Parker, Donges, Eastwood
Citations
51 A.2d 537135 N.J.L. 3291947 N.J. Sup. Ct. LEXIS 146

Opinion of the Court — Parker

The’ opinion of the court was delivered by Parker, J.

The controlling question in this case, and in our view the only one that requires specific discussion, is whether the Board of Education of the City of Passaic had jurisdiction, in its discretion and of its own motion, to discontinue one of the public schools of that city. It is also argued that even if the jurisdiction existed, the discretion was improperly exercised: but assuming for present purposes without deciding, that-this court has jurisdiction to- review the administrative acts of the statutory school authorities, we perceive no' illegality calling for judicial interposition, and 'indeed no illegality at all. The jurisdiction of the statutory authorities seems clear, and the closing of an existing school is nothing new.

Downs v. Board of Education, 12

N. J. Mis. R.

345, 347; affirmed sub. tit., Flechtner v. Board of Education, 113 N. J. L.

401. All that we are asked to review is an exercise of judgment by an administrative body within its jurisdiction, which is not a court function. There is no suggestion of bad faith or dishonesty on the part of the defendants or any of them, and we see no indication of either.

On the merits the writs will be dismissed, with costs. This result makes it unnecessary to deal with the motion to dismiss them on procedural grounds.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1962: 11964: 11965: 11981: 119622026peak 1962 · 1

Relies on it most ⓘ

  1. Shepard v. Board of Education of the City of Englewood207 F. Supp. 341 (D.N.J. 1962)
  2. Booker v. Board of Education of City of Plainfield212 A.2d 1 (N.J. 1965)
  3. Schults v. Bd. of Ed. of Teaneck205 A.2d 762 (N.J. Super. Ct. App. Div. 1964)
  4. Mahwah Township v. Bergen County3 N.J. Tax 513 (N.J. Tax Ct. 1981)

Most recent

  1. Mahwah Township v. Bergen County3 N.J. Tax 513 (N.J. Tax Ct. 1981)
  2. Booker v. Board of Education of City of Plainfield212 A.2d 1 (N.J. 1965)
  3. Schults v. Bd. of Ed. of Teaneck205 A.2d 762 (N.J. Super. Ct. App. Div. 1964)
  4. Shepard v. Board of Education of the City of Englewood207 F. Supp. 341 (D.N.J. 1962)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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