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DEL VECCHIO v. SOUTH HACKENSACK TWP.

49 N.J. Super. 44 (1958)

138 A.2d 839

JENNIE DEL VECCHIO, PLAINTIFF-RESPONDENT, v. THE MAYOR AND TOWNSHIP COMMITTEE OF THE TOWNSHIP OF SOUTH HACKENSACK, A MUNICIPAL CORPORATION OF THE COUNTY OF BERGEN AND STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 20, 1958.

Attorney(s) appearing for the Case

Mr. Ralph W. Chandless argued the cause for defendants-appellants (Messrs. Chandless, Weller & Kramer, attorneys).

Mr. Emil M. Wulster argued the cause for plaintiff-respondent.

Before Judges GOLDMANN, FREUND and CONFORD.

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

The plaintiff attacks the validity of an amendment to a municipal ordinance which purports to regulate and license restaurants, lunchrooms and other places where food is sold or offered for sale and which amendment provides as follows:

"In addition to the other regulations, no restaurant, lunch room or other place where food for human consumption is sold or offered for sale for consumption on the premises...

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