SARNER v. UNION TP.


55 N.J. Super. 523 (1959)

151 A.2d 208

DONALD SARNER, ETC., ET AL., PLAINTIFFS, v. TOWNSHIP OF UNION (UNION COUNTY), ET AL., DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided May 7, 1959.


Attorney(s) appearing for the Case

Messrs. Clancy & Hayden (Mr. John J. Clancy, appearing), and Messrs. Stoffer & Jacobs (Mr. David Stoffer, appearing), attorneys for plaintiffs.

Mr. David B. Furman, Attorney General of New Jersey (Mr. David M. Satz, Jr., Deputy Attorney General, appearing).

Mr. Vincent P. Torppey, Corporation Counsel (Mr. Joseph A. Ward, Assistant Corporation Counsel, appearing), attorney for City of Newark.

Mr. Gustave G. Kein, Jr., attorney for Township of Union.

Mr. Walter Michaelson, attorney for town of Harrison.

Mr. Nathan Duff, attorney for Township of Woodbridge.

Mr. Murray Fredericks, City Solicitor (Mr. Chaim H. Sandler, Associate City Solicitor, appearing), attorney for City of Atlantic City.

Mr. Isaac C. Ginsburg, attorney for Greater Atlantic City Chamber of Commerce.

Messrs. Wolf & Baumann (Mr. George J. Baumann, appearing), attorneys for Citizens Committee for Sunday Closing in New Jersey, Inc.

Mr. Arnold Tanner, attorney for Clifford E. Schneider, et al., t/a Collingwood Park Auction Market.


SCHERER, J.S.C.

Plaintiffs, who are the owners of numerous retail stores located in various municipalities in several counties of this State, filed a complaint in lieu of prerogative writ and for declaratory judgment to test the validity of chapter 138 of the Laws of 1958, which was signed by the Governor and became effective on August 4, 1958. This act, which is now N.J.S. 2A:171-5.1 to 5.7, makes it unlawful, except in certain counties...

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