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PATERSON TAV. & GRILL ASS'N v. BOR. OF HAWTHORNE

108 N.J. Super. 433 (1970)

261 A.2d 677

PATERSON TAVERN & GRILL OWNERS ASS'N, INC., A NON-PROFIT CORPORATION OF NEW JERSEY ET AL., PLAINTIFFS-APPELLANTS, v. THE BOROUGH OF HAWTHORNE, A MUNICIPAL CORPORATION ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 6, 1970.

Attorney(s) appearing for the Case

Mr. William J. Rosenbery argued the cause for appellants (Mr. George L. Harrison and Mr. Harold Goldman on the brief).

Mr. Douglas C. Borchard, Jr., argued the cause for respondents (Messrs. Evans, Hand, Allabough & Amoresano, attorneys).

Before Judges KILKENNY, LABRECQUE and LEONARD.

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

Plaintiff appeals from the "whole" of the final judgment entered in the Law Division on June 24, 1969, whereby it was adjudged that ordinance No. 1137 of the Borough of Hawthorne is valid, with the exception of the word "improper" in section 1 thereof, which word was held to be vague and invalid.

But for that single-word exception, plaintiff's motion for summary judgment was denied and defendants...

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