Opinion

Hunterdon Central High School Board of Education v. Hunterdon Central High School Teachers' Ass'n

  • 86 N.J. 43
  • 429 A.2d 354
  • 1981 N.J. LEXIS 1617
Court
Supreme Court of New Jersey
Filed
Apr 30, 1981
Status
Published
On the bench
Handler
Cited by
10 cases
Authority
More cited than 73.9%

ruling that administrative agency did not exceed its authority by passing on First Amendment issue when necessary to resolve scope of negotiations issue because "`administrative agencies are competent to pass upon constitutional issues germane to proceedings before them,' [when] ... `such action is necessary so as to better focus the issue for judicial review, if such action is later necessary'"

How later courts described this case

  • ruling that administrative agency did not exceed its authority by passing on First Amendment issue when necessary to resolve scope of negotiations issue because "`administrative agencies are competent to pass upon constitutional issues germane to proceedings before them,' [when] ... `such action is necessary so as to better focus the issue for judicial review, if such action is later necessary'"
  • PERC did not exceed its authority by passing on constitutional issue where necessary to resolve scope of negotiation question

Written by the judges who cited it.

The opinion

PER CURIAM.

The judgment is affirmed substantially for the reasons expressed in the opinion of the Appellate Division, reported at 174 N.J.Super 468 (1980).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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