FASINO v. MAYOR & BOR. COUN. MONTVALE


122 N.J. Super. 304 (1973)

300 A.2d 195

JOHN FASINO AND CHERYL FASINO, TR/A SEVEN ELEVEN STORE NO. 11461, PLAINTIFFS, v. MAYOR AND MEMBERS OF THE BOROUGH COUNCIL OF THE BOROUGH OF MONTVALE, A MUNICIPAL BODY CORPORATE OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided January 29, 1973.


Attorney(s) appearing for the Case

Mr. William Sellinger for plaintiffs John Fasino and Cheryl Fasino, etc.

Mr. Robert E. McGuire for defendants Mayor and Council of the Borough of Montvale (Messrs. Randall, Randall and McGuire, attorneys; Mr. Robert E. McGuire on the brief).


PASHMAN, A.J.S.C.

The question for decision is the constitutionality of an ordinance approved by Montvale.

The parties present this simple and undecided question: Is the ordinance of Montvale regulating opening and closing hours of retail business establishments valid?

My answer is no. This is not a constitutional exercise of the police power.

Plaintiffs are the owners and operators of a Seven-Eleven grocery store located within the Borough...

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