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KLINE v. N.J. RACING COMM'N

38 N.J. 109 (1962)

183 A.2d 48

HARLEY B. KLINE, ET AL., PLAINTIFFS-APPELLANTS, v. NEW JERSEY RACING COMMISSION, ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 2, 1962.

Attorney(s) appearing for the Case

Mr. James Hunter, III, argued the cause for plaintiffs-appellants (Messrs. Archer, Greiner, Hunter & Read, attorneys).

Mr. Evan Wm. Jahos, Deputy Attorney General, argued the cause for defendants-respondents, New Jersey Racing Commission, Thomas J. Brogan, Hugh J. Strong, Hugh L. Mehorter, Richard V. Mulligan and Charles J. Sheehan (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney; Mr. Jahos, of counsel).

Mr. Robert N. Wilentz argued the cause for all other defendants-respondents.

Mr. Frank J. Ferry, attorney for defendant-respondent, argued for Atlantic City Racing Association.

Mr. Samuel P. Orlando, attorney for defendant-respondent, argued for Garden State Racing Association.

Messrs. Wilentz, Goldman, Spitzer & Sills, attorneys for defendant-respondent, Monmouth Park Jockey Club.

The opinion of the court was delivered by SCHETTINO, J.

Plaintiffs are residents and property owners in Camden County. They instituted this proceeding in lieu of prerogative writ challenging the validity of L. 1962, c. 17 (hereafter "Chapter 17") and seeking to prevent defendants from conducting horse running races on the 30 additional days for 1962 which are authorized by that act. On cross motions for summary judgment the trial court entered judgment...

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