Borough of Matawan v. Monmouth County Board of Taxation

Pee Curiam.

The judgment is affirmed for the reasons expressed in the following portion of the opinion of Judge Simmill in the Law Division:

“This is an action in lieu of prerogative writ brought by the Borough of Matawan challenging defendants’ interpretation of N. J. S. A. 18:8-17 (3) prior to its amendment in 1965, and challenging the constitutionality of N. J. S. A. 18:8-26. Both sides now move for summary judgment. Plaintiff seeks both a declaration that the State Commissioner of Education and the Monmouth County Board of Taxation are acting in violation of N. J. S. A. 18:8-17 (3) and a…