Will Cross-Border School Case Dismissal Win NJ Supreme Court Consideration?

NORTH WILDWOOD ─ Twenty-sixth Avenue is a street full of traffic and pedestrians as the summer enfolds the Wildwoods. It is also the border between the cities of Wildwood and North Wildwood.
Though all the Wildwoods are united in name, each city or borough stands sovereign in its leadership, school boards, and public safety. A spirit of cooperation, recently demonstrated during a Wildwood Crest fire June 25, runs through the island, yet the City of North Wildwood believes that its sovereignty is under threat.
“It has to do with governmental sovereignty,” attorney Joseph Bentley told the Herald June 27, regarding North Wildwood and the ongoing litigation with the Wildwood School Board. 
Starting in 2013, the issue surfaced after the Cape May County Prosecutor’s Office inquired whether the North Wildwood Police Department provided “protection” for Wildwood students attending classes held at St. Simeon’s Episcopal Church, on the north side of 26th Avenue.
According to Wildwood School Superintendent Kenyon Kummings, the Glenwood Avenue Elementary School cannot facilitate the K-4 and preschool programs.
Since 2002, the Wildwood School Board has leased the former nursery school annex of St. Simeon’s.
“It was not a problem until 2013,” Kummings said, claiming that North Wildwood initiated the lawsuit.
Kummings, who was not superintendent in 2002, said that “the board is always looking for a suitable location” within Wildwood, but has not found a proper location.
“My teachers could do anything,” Kummings said, clarifying that Wildwood teachers could teach in any facility, but that time and repairs are required in bringing a building up to code.
Proper air quality, lighting, support rooms, and other standards must be met when conducting classes, according to the Department of Education.
When the case went before Superior Court Judge Christopher Gibson, the case was dismissed upon Gibson’s summary judgment. Bentley represented North Wildwood and believed that Gibson ruled in error, prompting the recent filing in the Appellate Court division.
Bentley emphasized that the merits of the case stand upon “statutory authority.”
North Wildwood, as a sovereign entity, is hosting another municipality’s educational program.
“It has to do with governmental sovereignty,” said Bentley.
Bentley said his argument is “with all respect” towards Gibson and his ruling.
North Wildwood Mayor Patrick Rosenello told the Herald, “I expect this to be a long and drawn-out process.”
Rosenello also believes that the case may reach the state Supreme Court as a matter of precedent.
Rosenello compared the situation to if North Wildwood built a recreation hall in Wildwood but did not open its doors to Wildwood residents.
Although according to the Wildwood School Board, no administrative law has been broken, a glaring question still stands: does a separate municipality, though bound in name, have the right to use a facility within another municipality’s school board limits?
During public comment at the June 14 Wildwood City Commission meeting, a Wildwood resident remarked that he believed Rosenello’s appeal was “mean-spirited.”
The Herald sought comment from St. Simeon’s, but, none was received.
The Herald also sought to contact the lawyer representing the Wildwood School Board, but as of July 6, no comment was made by the Cooper-Levenson firm of Atlantic City.
According to Rosenello, the Wildwood School Board pays approximately $170,000 in compensation to St. Simeon’s.
When asked if Wildwood taxpayers’ money goes to that compensation, Kummings said the program funds come from “outside the tax levy.”
Questions have arisen from where the outside funds have come; if Wildwood taxpayers are not paying for the compensation to St. Simeon’s, then who is?
The delicate balance between church and state has also not been violated, according to Kummings.
“This is public education,” Kummings said. A separate entrance and lock system are used for the school facility. Students do not have contact with church staff, and no “religious” instruction is given.
However, Kummings is “disappointed” with North Wildwood’s decision to press the case.
The school board has spent over $80,000 in legal fees, and Kummings said he could only “speculate” how much North Wildwood has accrued in fees.
To contact Rachel Rogish, email rrogish@cmcherald.com.