Legal Opinion · Concurring in part, dissenting in part
Lukas v. State, Dept. of Human Services
Supreme Court of New Jersey
Decided March 18, 1986Published
1Concurring in part, dissenting in partO’Hern, J.
Plaintiffs have never been given their day in court on their claims to tenure based upon employment by the Garden State School District. I must dissent from the majority’s disposition of those claims without hearing the evidence. The issue is simply not ripe for adjudication by us.
Preliminarily, I note that with respect to the one issue decided by the Appellate Division, I agree with the majority that the State Facilities Education Act, and particularly N.J.S.A. 18A:7B-11, does not perforce grant tenure to teaching-staff members employed in state facilities. I agree that its purpose and…
2Cases cited8 opinions
- F.M.C. Stores Co. v. Borough of Morris PlainsSupreme Court of New Jersey · 1985
- Gruber v. Mayor and Tp. Committee of Raritan Tp.Supreme Court of New Jersey · 1962
- Spiewak v. Rutherford Bd. of Ed.Supreme Court of New Jersey · 1982
- Gruber v. Mayor and Tp. Com. of Raritan Tp.New Jersey Superior Court Appellate Division · 1962
- Point Pleasant Beach Teachers Ass'n v. CallamNew Jersey Superior Court Appellate Division · 1980
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