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MARANGI BROS., INC. v. BD. OF COM'RS. OF RIDGEWOOD

33 N.J. Super. 294 (1954)

110 A.2d 131

MARANGI BROS., INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. THE BOARD OF COMMISSIONERS OF THE VILLAGE OF RIDGEWOOD, DEFENDANT-APPELLANT, AND FRANK CAPASSO AND GERALD F. CAPASSO, TRADING AS CAPASSO BROS., INTERVENERS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 6, 1954.

Attorney(s) appearing for the Case

Mr. Peter Hofstra argued the cause for the respondent (Mr. Howard Stern, attorney).

Mr. William E. Reinhardt argued the cause for the appellant.

Mr. Samuel A. Larner argued the cause for intervenors-appellants (Messrs. Budd and Larner, attorneys).

Before Judges CLAPP, JAYNE and FRANCIS.

The opinion of the court was delivered by FRANCIS, J.A.D.

The Law Division declared invalid section 2 of an ordinance of the Village of Ridgewood under which, by instrument designated a "license agreement," the exclusive privilege of collecting and disposing of garbage and refuse was granted to a scavenger contractor, the appellants Frank Capasso and Gerald F. Capasso, trading as Capasso Bros. Both the village and the contractor appeal.

Section 2 provides...

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