This matter arises out of an emergent application by the Borough Clerk of East Newark. The court granted him permission to file a motion on short notice to stay, pending appeal, the trial court's order directing the Borough to place a ballot question to reclassify East Newark from a Type I to a Type II school district on an April 20, 2021 special election ballot even though the Borough was not conducting an election on that day.
Following receipt of the motion briefs in which the parties addressed the merits and not the standard for stay pending appeal, the court exercised its authority under Rule 2:8-3(b) to decide the case summarily. Because N.J.S.A. 18A:9-5 permits a reclassification question in a Type I district to be presented to voters only "at the next municipal or general election," and the April 20 special school election is neither, the court reversed and remanded for dismissal of the School Board's complaint.