NJSBA Argues for Boards in Facilities Lawsuit

NJSBA Argues for Boards in Facilities Lawsuit

HACKENSACK, May 2,2001-NJSBA last week filed a legal brief against an attempt to obstruct school district funding through the state's $8.6 billion school facilities act. Oral argument is set for May 21 before the Appellate Division of Superior Court in Hackensack.

The brief responds to a suit by Bogota Mayor Steve Lonegan and his organization, StoptheDebt.com. Lonegan wants the courts to halt the sale of bonds under the facilities act until voters, in a statewide referendum, approve the $8.6 billion in financing. The facilities act permitted the state's Economic Development Authority to issue the bonds without such voter approval.

Uphold Dismissal

In January, Superior Court dismissed the suit along with Lonegan's request for an injunction to stop the sale of the state bonds. At the time, Judge Sybil Moses found that the facilities funding act did not require statewide voter approval. She held that the legislation complies with previous court rulings concerning the issuance of bonds by independent state authorities and with the debt limitation clause of New Jersey's constitution. Lonegan filed an appeal.

NJSBA's brief asks the Appellate Division to affirm Judge Moses' decision. Association attorneys argue that the decision was well-reasoned and consistent with established law and principle.

"By affirming Judge Moses's decision, the Appellate Division will allow New

Jersey to move forward with the most significant public works project in its history—a public works project for children," said Edwina M. Lee, NJSBA executive director. "Last year, New Jersey voters approved over $1 billion in school construction. Their approval was based on need for the projects and, in many cases, on the premise that the state would assume a significant share of the expenses.

"Stopping this program will halt efforts by New Jersey school districts and voters to repair crumbling schools and build new schools...to ease overcrowding and to provide the up-to-date facilities our children need," said Lee.