Citizens to Protect Public Funds and Dudley Kimball, Plaintiffs-Appellants v. Board of Education of the Township of…

Summary

The Supreme Court of New Jersey affirmed the dismissal of the plaintiffs' amended complaint, holding that the statutory scheme does not require a planning board submission before a school bond referendum, that the board's use of public funds to advocate a "Vote YES" position exceeds its implied authority, and that the radio broadcast to schoolchildren did not violate N.J.S.A. 18:14-78.1. Justice Heher filed a concurring opinion emphasizing the limited judicial role in policy matters.