FAIR CADILLAC-OLDSMOBILE ISUZU PARTNERSHIP v. BAILEY

(14806)

229 Conn. 312 (1994)

FAIR CADILLAC-OLDSMOBILE ISUZU PARTNERSHIP ET AL. v. JOHN M. BAILEY ET AL.

Supreme Court of Connecticut.

Decision released March 24, 1994.


Attorney(s) appearing for the Case

Stanley A. Twardy, Jr., with whom were Jonathan B. Tropp and, on the brief, Allan B. Taylor, for the plaintiffs.

Peter R. Huntsman, assistant attorney general, with whom, on the brief, was Richard Blumenthal, attorney general, for the defendant commissioner of motor vehicles.

Wesley W. Horton, with whom were Susan M. Cormier and, on the brief, Michael S. Taylor, law student intern, for the defendant Connecticut Automotive Trades Association, Inc., et al.

PETERS, C. J., BORDEN, BERDON, KATZ and SANTANIELLO, JS.


BERDON, J.

The sole issue in this case is whether General Statutes § 53-301,1 which prohibits a party engaged in the business of selling motor vehicles from selling them on Sunday, violates the state constitution. Because we conclude that § 53-301 violates substantive due process under article first, § 8, of the state constitution2 we need not reach the plaintiffs' other state constitutional...

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