02-03-09 East Orange Board of Education v. New Jersey Schools Construction Corporation and the New Jersey Economic Development Authority A-6597-05T1
The East Orange Board of Education brought an action in lieu of prerogative writs against the New Jersey Schools Construction Corporation and the New Jersey Economic Development Authority seeking an order requiring them to proceed with certain school facilities projects that were deferred when the initial funding from the Educational Facilities Construction and Financing Act ran low. The action was filed in the Law Division in Essex County. It was subsequently transferred to Mercer County and then to the Appellate Division. We held that the East Orange Board of Education did not demonstrate that the deferral was arbitrary or capriciously and that it was not entitled to the application of equitable or promissory estoppel either legally or factually. We affirmed the transfer to the Appellate Division and dismissed the action in lieu of prerogative writs with prejudice.
