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YELLOW CAB CORP. v. CITY COUN., PASSAIC

124 N.J. Super. 570 (1973)

308 A.2d 60

YELLOW CAB CORPORATION OF PASSAIC AND CLIFTON, A NEW JERSEY CORPORATION, PLAINTIFF, v. THE CITY COUNCIL OF THE CITY OF PASSAIC, A MUNICIPAL CORPORATION, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided June 26, 1973.

Attorney(s) appearing for the Case

Mr. H. Ronald Levine for plaintiff.

Mr. Joseph F. Scancarella for defendant (Mr. William Schey appearing).

SCHWARTZ, L., J.C.C., Temporarily Assigned.

Plaintiff, a taxicab licensee in the City of Passaic, instituted this action seeking judicial review of the refusal of the local governing body to increase the authorized taxi fare by adopting an ordinance establishing a rate which plaintiff alleges is essential for it to remain in business.

The authority and procedure by which a municipality may engage in rate-making is legislatively uncharted.

When the...

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