TOMS RIVER PUB. CO. v. BOROUGH OF MANASQUAN


127 N.J. Super. 176 (1974)

316 A.2d 719

TOMS RIVER PUBLISHING COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. THE BOROUGH OF MANASQUAN, MONMOUTH COUNTY, NEW JERSEY; BOROUGH COUNCIL OF THE BOROUGH OF MANASQUAN, STUART R. HANCOCK, MAYOR OF THE BOROUGH OF MANASQUAN; THE POLICE DEPARTMENT OF THE BOROUGH OF MANASQUAN; WILLIAM A. MORTON, CHIEF OF POLICE OF THE BOROUGH OF MANASQUAN; AND SGT. LAVOKI OF THE POLICE DEPARTMENT OF THE BOROUGH OF MANASQUAN, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided February 6, 1974.


Attorney(s) appearing for the Case

Mr. Peter R. Strohm argued the cause for plaintiff (Messrs. Rothstein. Mandell & Strohm, P.C., attorneys).

Mr. John D. Wooley argued the cause for defendants, Borough of Manasquan, Council of the Borough of Manasquan. Stuart R. Hancock, Mayor of the Borough of Manasquan and William A. Morton, Chief of Police of the Borough of Manasquan.


LANE, J.S.C.

In this action plaintiff seeks an injunction to restrain the enforcement of a provision of an anti-litter ordinance. The matter is before the court on final hearing.

Plaintiff publishes a public newspaper in Ocean and Monmouth Counties under the name of "The Reporter." It is distributed by plaintiff without charge to residents within the Borough of Manasquan and is hand delivered to the homes of...

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