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VAN NESS v. BOROUGH OF DEAL

139 N.J. Super. 83 (1975)

352 A.2d 599

STANLEY C. VAN NESS, PUBLIC ADVOCATE OF THE STATE OF NEW JERSEY, PLAINTIFF, WILLIAM F. HYLAND, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, PLAINTIFF-INTERVENOR, v. BOROUGH OF DEAL; DEAL CASINO; PHILLIPS AVENUE PAVILION; DANIEL KRUMAN, MAYOR OF THE BOROUGH OF DEAL; STANLEY R. KATZ, A COMMISSIONER OF THE BOROUGH OF DEAL; DR. HAROLD V. GARRITY, JR., A COMMISSIONER OF THE BOROUGH OF DEAL; AND W. STANLEY CONOVER, ADMINISTRATOR-BOROUGH CLERK OF THE BOROUGH OF DEAL, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided December 9, 1975.

Attorney(s) appearing for the Case

Mr. Robert P. Corman, Assistant Deputy Public Advocate, and Mr. Arthur Penn, Assistant Deputy Public Advocate, for plaintiff (Mr. Stanley C. Van Ness, Public Advocate of the State of New Jersey, attorney).

Mr. Stephen E. Brower, Deputy Attorney General, for plaintiff-intervenor (Mr. William F. Hyland, Attorney General of the State of New Jersey, attorney).

Mr. Thomas L. Morrissey and Mr. Michael S. Waters for defendants (Messrs. Carpenter, Bennett & Morrissey, attorneys).

LANE, J.S.C.

This is an action for declaratory judgment that defendants illegally discriminate against nonresidents and for an injunction to enjoin such discrimination. The issues set forth in the pretrial order are:

(a) Is the statute establishing the Public Advocate unconstitutional?

(b) Does the Public Advocate have standing in view of the appearance of the Attorney General?

(c) What portion...

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