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DEVLIN v. MAYOR & COUNCIL, CITY OF OCEAN CITY

103 N.J. 587 (1986)

511 A.2d 1192

EDWARD A. DEVLIN, III, T/A OCEAN SALES COMPANY, PLAINTIFF-RESPONDENT, v. MAYOR AND COUNCIL, CITY OF OCEAN CITY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided July 23, 1986.

Attorney(s) appearing for the Case

Charles R. Previti argued the cause for appellant (Previti, Todd, Gemmel, Fitzgerald & Nugent, attorneys; Gordon C. Duus, on the briefs).

Mark E. Roddy argued the cause for respondent (Goldenberg, Mackler & Sayegh, attorneys).

PER CURIAM.

This appeal presents us with the issue of the validity of a municipal Sunday closing ordinance in relation to the differing provisions of State law governing activities on Sunday. The issue to be decided is virtually identical to that decided today in Mack Paramus Co. v. Mayor and Council of Paramus, 103 N.J. 564 (1986).

The local regulation is an ordinance of the City of Ocean City. Ocean City is a resort...

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