![]() The Town has a population of almost 18,000 including about 25% blacks. The Township has a population of about 20,000 including less than 5% blacks. The hearing examiner, whose findings were adopted and incorporated by the Commissioner of Education in his decision, found that the Morristown-Morris community was essentially as described in the Candeub report he noted further that the Township did "not dispute the interrelatedness between itself and the Town" though it contended that statutorily and technically the Town and Township are "separate entities for school purposes." ![]() There *487 are socio-economic and population differences between the Town and the Township but despite these differences the record before us clearly establishes that, as set forth in the Candeub report, the Town and Township "are integrally and uniquely related to one another" and "constitute a single community." The Candeub report was prepared for the Town by an established consulting community planning firm. Thus the Town's Water Department supplies water to most of the Township residents sewer service is rendered by the Town to some parts of the Township Town and Township Fire and Police Departments regularly assist each other and the Town and Township jointly operate the Public Library located within the Town. There is also considerable interdependency in municipal public services. The Morristown Green is a common meeting place for young people from both the Town and the Township day care centers and park and playground facilities in the Town are used by the residents of both the Town and the Township and little leagues and the like generally involve Town and Township teammates who play on both Town and Township fields. Most of the associations, clubs, social services and welfare organizations serving the residents of both the Town and the Township are located within the Town and, as members of the aforementioned organizations, the Town and Township residents are routinely together at both work and play. The Township has no business center or so-called "downtown" area but the Town's substantial shopping center serves in that aspect for both the Township and the Town. The Town has many retail stores and other commercial establishments surrounding its Green while the Township has only a few retail outlets located on its main roads. ![]() The Town is the social and commercial center of the community whereas the Township is primarily residential with considerable undeveloped area for further residential development. All of the main roads radiate into the Township from the Green located in the center of the Town and it is impracticable to go from most Township areas to other Township areas without going through the Town itself. The boundary lines between the Town and the Township do not adhere to any natural or physical features but cut indiscriminately across streets and neighborhoods. The Town is *486 a compact urban municipality of 2.9 square miles and is completely encircled by the Township of 15.7 square miles. Despite their official separation, the Town and the Township have remained so interrelated that they may realistically be viewed as a single community, probably a unique one in our State. In that year Morristown received permission to incorporate as a separate entity and arbitrary boundary lines were drawn between the Township (Morris) and the Town (Morristown). Prior to 1865 Morristown and Morris Township were a single municipal unit. The appellants filed notice of appeal to the Appellate Division and we certified before argument there. The Commissioner was of the opinion that, even though such steps were highly desirable from an educational standpoint and to avoid racial imbalance, he lacked legal authority to take them and accordingly he dismissed the individual appellants' petition and the appellant Morristown's cross-petition. The appellants sought to have the Commissioner of Education take suitable steps towards preventing Morris Township from withdrawing its students from Morristown High School and towards effectuating a merger of the Morris Township and Morristown school systems. The opinion of the Court was delivered by JACOBS, J. Paul Bangiola argued the cause for defendant Borough of Morris Plains Board of Education. Wiley, attorney for the appellant Morristown Board of Education Mr. MacKenzie & Harding, attorneys for the appellants Beatrice M. Wiley argued the cause for the appellants (Messrs. THE TOWNSHIP OF MORRIS SCHOOL DISTRICT AND BOARD OF EDUCATION, DEFENDANT-RESPONDENT, AND THE TOWN OF MORRISTOWN SCHOOL DISTRICT AND BOARD OF EDUCATION, DEFENDANT AND CROSS-PETITIONER-APPELLANT, AND THE BOROUGH OF MORRIS PLAINS BOARD OF EDUCATION, DEFENDANT.
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