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YOUNG v. BYRNE

144 N.J. Super. 10 (1976)

364 A.2d 47

DONALD C. YOUNG, PLAINTIFF, v. BRENDAN T. BYRNE, GOVERNOR OF THE STATE OF NEW JERSEY. STATE OF NEW JERSEY, NEW JERSEY STATE SENATE, GENERAL ASSEMBLY OF THE STATE OF NEW JERSEY, AND THE CITY OF ATLANTIC CITY, DEFENDANTS. JOSEPH A. LAZAROW, INDIVIDUALLY AND AS CHAIRMAN, AND FRANK J. SIRACUSA, INDIVIDUALLY AND AS TREASURER OF, AND THE COMMITTEE TO REBUILD ATLANTIC CITY, PLAINTIFFS, v. RAY KRAMER, MAYOR OF ASBURY PARK AND THE CITY COUNCIL OF ASBURY PARK, AND ALAN KLIGERMAN, JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided July 29, 1976.

Attorney(s) appearing for the Case

Mr. Henry Gorelick for plaintiff Donald C. Young (Messrs. Hayman, Gorelick & Groon, attorneys).

Mr. William F. Hyland, Attorney General, attorney for defendants Brendan T. Byrne, Governor of the State of New Jersey, State of New Jersey, New Jersey State Senate, General Assembly of the State of New Jersey (Mr. Paul G. Levy, Assistant Attorney General, of counsel and on the brief).

Mr. Murray Fredericks for defendant City of Atlantic City.

Mr. James L. Cooper for plaintiffs Joseph A. Lazarow, individually and as chairman, and Frank J. Siracusa, individually and as Treasurer of, and the Committee to Rebuild Atlantic City (Messrs. Cooper, Perskie, Neustadter & Katzman, attorneys).

Mr. Norman H. Mesnikoff for defendants Ray Kramer, Mayor of Asbury Park, and the City Council of Asbury Park.

Mr. Joseph T. Wilkins for defendant Alan Kligerman.

GRUCCIO, J.S.C.

This is a declaratory judgment action to determine the constitutionality of the 1976 Assembly Concurrent Resolution No. 126 (ACR-126) which deals with casino gambling under Article IX, paragraph 7 of the New Jersey Constitution (1947). This issue is before the court in the two above-captioned matters.

Plaintiff in the first matter is Donald C. Young. Plaintiff operates a business within Atlantic City, the municipality affected by ACR-126, and...

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