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HUDSON CIRCLE SERVICENTER, INC. v. KEARNY

70 N.J. 289 (1976)

359 A.2d 862

HUDSON CIRCLE SERVICENTER, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT-CROSS-RESPONDENT, v. TOWN OF KEARNY, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANT-RESPONDENT-CROSS-APPELLANT.

The Supreme Court of New Jersey.

Decided May 26, 1976.

Attorney(s) appearing for the Case

Mr. S.M. Chris Franzblau argued the cause for appellant-cross-respondent (Messrs. Franzblau, Cohen and Falkin, attorneys; Mr. Franzblau, of counsel and on the brief).

Mr. Norman A. Doyle, Jr. argued the cause for respondent-cross-appellant.

The opinion of the Court was delivered by PASHMAN, J.

Plaintiff Hudson Circle Servicenter, Inc. instituted this action in lieu of prerogative writ to challenge an ordinance which was enacted by the Town of Kearny to regulate parking lots operated in conjunction with "truck stops."1

The ordinance at the time of trial provided:

Section 1

1. The owner or operator of any public parking lot in the Town of Kearny...

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