Abbott v. Burke

935 A.2d 1152, 193 N.J. 34, 2007 N.J. LEXIS 588

• Court: Supreme Court of New Jersey
• Decided: May 24, 2007
• Status: Published

Opinion

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-l 179-06, M-l180-06, 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.