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PRINCETON TAXI OWNERS v. MAYOR & COUN. PRINCETON

142 N.J. Super. 476 (1976)

362 A.2d 42

PRINCETON TAXI OWNERS' ASSOCIATION, ETC., PLAINTIFF-APPELLANT, v. MAYOR AND COUNCIL OF THE BOROUGH OF PRINCETON ET AL., DEFENDANTS-RESPONDENTS, AND THE BOARD OF PUBLIC UTILITY COMMISSIONERS, THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF NEW JERSEY AND THE DIVISION OF MOTOR VEHICLES, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 1, 1976.

Attorney(s) appearing for the Case

Mr. Charles R. Sperling, attorney for appellant.

Messrs. Mason, Griffin and Pierson, attorneys for respondents Mayor and Council of the Borough of Princeton, Mayor and Township Committee of the Township of Princeton, Mayor Robert Cawley, Councilwoman Barbara Sigmund and Councilman Robert Powell (Mr. Gordon D. Griffin on the brief).

Mr. William F. Hyland, Attorney General of New Jersey, attorney for respondents Board of Public Utility Commissioners, Department of Transportation and Division of Motor Vehicles (Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. Joseph W. Ferraro, Jr., Deputy Attorney General, submitted a statement in lieu of brief).

Before Judges MATTHEWS, LORA and MORGAN.

PER CURIAM.

In April 1974 defendants Borough of Princeton and Township of Princeton both adopted similar ordinances creating a category of public transportation service popularly known as "Dial-A-Ride" and providing for the licensing and regulation of such service. Thereafter, both municipalities issued an owner's license to defendant Draper's Folly, Inc., for the operation of a ten-passenger vehicle under their respective ordinances. A Certificate of Registration...

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