ABBOTT v. BURKE, N.J., Judgment, Law, casemine.com

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RAYMOND ARTHUR ABBOTT, A MINOR, BY HIS GUARDIAN AD LITEM, FRANCESABBOTT; ARLENE FIGUEROA, FRANCES FIGUEROA, HECTOR FIGUEROA, ORLANDOFIGUEROA AND VIVIAN FIGUEROA, MINORS, BY THEIR GUARDIAN AD LITEM, BLANCAFIGUEROA; MICHAEL HADLEY, A MINOR, BY HIS GUARDIAN AD LITEM, LOLA MOORE;HENRY STEVENS, JR., A MINOR, BY HIS GUARDIAN AD LITEM, HENRY STEVENS,SR.; CAROLINE JAMES AND JERMAINE JAMES, MINORS, BY THEIR GUARDIAN ADLITEM, MATTIE JAMES; DORIAN WAITERS AND KHUDAYJA WAITERS, MINORS, BYTHEIR GUARDIAN AD LITEM, LYNN WAITERS; CHRISTINA KNOWLES, DANIEL KNOWLES,AND GUY KNOWLES, JR., MINORS, BY THEIR GUARDIAN AD LITEM, GUY KNOWLES,SR.; LIANA DIAZ, A MINOR, BY HER GUARDIAN AD LITEM, LUCILA DIAZ; AISHAHARGROVE AND ZAKIA HARGROVE, MINORS, BY THEIR GUARDIAN AD LITEM, PATRICIAWATSON; AND LAMAR STEPHENS AND LESLIE STEPHENS, MINORS, BY THEIR GUARDIANAD LITEM, EDDIE STEPHENS, PLAINTIFFS-MOVANTS v. FRED G. BURKE,COMMISSIONER OF EDUCATION; EDWARD G. HOFGESANG, NEW JERSEY DIRECTOR OFBUDGET AND ACCOUNTING; CLIFFORD A. GOLDMAN, NEW JERSEY STATE TREASURER;AND NEW JERSEY STATE BOARD OF EDUCATION, DEFENDANTS-RESPONDENTS, ANDSTATE-OPERATED SCHOOL DISTRICT FOR THE CITY OF NEWARK, AND MILLVILLEBOARD OF EDUCATION, AND BOARD OF EDUCATION OF CITY OF BRIDGETON, BOARD OFEDUCATION OF CITY OF BURLINGTON, BOARD OF EDUCATION OF CITY OF EASTORANGE, BOARD OF EDUCATION OF CITY OF ELIZABETH, BOARD OF EDUCATION OFGLOUCESTER CITY, BOARD OF EDUCATION OF TOWN OF HARRISON, BOARD OFEDUCATION OF KEANSBURG BOROUGH, BOARD OF EDUCATION OF CITY OF PASSAIC,STATE-OPERATED SCHOOL DISTRICT OF PATERSON, BOARD OF EDUCATION OF PEMBERTON TOWNSHIP, BOARD OFEDUCATION OF CITY OF PERTH AMBOY, BOARD OF EDUCATION OF TOWN OFPHILLIPSBURG, BOARD OF EDUCATION OF PUBLIC SCHOOLS OFPLAINFIELD, BOARD OF EDUCATION OF SALEM CITY, AND BOARD OFEDUCATION OF CITY OF TRENTON, INTERVENORS.

This matter having come before the Court on the application of plaintiffs for an Order in aid of litigants' rights pursuant to Rule 1:10-3 and Rule 2:8-1,

And plaintiffs having sought an Order directing defendants to comply with certain specified decisions of the Court, Abbott v. Burke, 153 N.J. 480, 710 A.2d 450 (1998) [ "Abbott V"]; Abbott v. Burke, 164 N.J. 84, 751 A.2d 1032 (2000) [ "Abbott VII"], and Abbott v. Burke, 185 N.J. 612 , 889 A.2d 1063 (2005) [ "Abbott XIV"].

And the Court having duly considered the submissions of plaintiffs-movants, defendants-respondents, and certain districts that sought Intervenor status (see the Court's Orders in M-1179-06, M-1180-06, and M-1199-06),

And the Court having determined that the relief sought by movants is premature in that any arguments by plaintiffs and Intervenors in respect of the State's compliance with relevant portions of prior decisions of the Court have to be made in the context of the Fiscal Year 2008 budget, which has not been enacted,

And the Court having declined to proceed on the assumption that respondents will fail to comply with their constitutional obligations to provide a thorough and efficient educational system pursuant to Article VIII, § 4, ¶ 1,

And good cause appearing;

IT IS ORDERED that the motion for relief in aid of litigants' rights is denied, without prejudice.

Chief Justice ZAZZALI and Justices LONG, LaVECCHIA, ALBIN, WALLACE, RIVERA-SOTO, and HOENS join in the Court's Order.

ABBOTT v. BURKE

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