Board of Commissioners v. Board of Education

The opinion of the court was delivered by

Perskie, J.

This is an application by respondents for an order to limit the issues and depositions to be taken in support thereof to the inquiry as to “whether or not” respondent Board of Education of the City of Bayonne had the “power” and “need” to pass the resolutions under review and to strike all other reasons set down by prosecutors for setting aside the challenged resolutions.

Although respondent has abandoned its ground to quash the writ for lack of diligence in the prosecution thereof, nonetheless, it is urged that we should further order the…