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BERG AGENCY v. TOWNSHIP OF MAPLEWOOD

163 N.J. Super. 542 (1978)

395 A.2d 261

THE BERG AGENCY, A NEW JERSEY CORPORATION, AND LAWRENCE PINILIS, INDIVIDUALLY, PLAINTIFFS, v. THE TOWNSHIP OF MAPLEWOOD, TOWN OF WEST ORANGE, AND VILLAGE OF SOUTH ORANGE, MUNICIPAL CORPORATIONS OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided November 8, 1978.

Attorney(s) appearing for the Case

Mr. John M. Iatesta for plaintiffs (Messrs. Wilentz, Goldman and Spitzer, attorneys).

Mr. Mortimer Katz for defendant Township of Maplewood.

Mr. Milton Malkin for defendant Town of West Orange.

Mr. Joseph A. Clarken, Jr. for defendant Village of South Orange (Messrs. Fox, Schackner, Mastrangelo and Clarken, attorneys; Mr. Donald C. Fox, of counsel).

Mr. Jonathan M. Hyman submitted a brief on behalf of amicus curiae A.C.L.U of New Jersey (Mr. Eric Neisser of counsel).

HARTH, J.C.C. (temporarily assigned).

In issue in this declaratory judgment proceeding is the constitutionality, vel non, of those sections of ordinances enacted in the defendant Towns of Maplewood, West Orange and South Orange which prohibit or regulate the use of "for sale" and "sold" signs on private residential property.

Plaintiff Lawrence Pinilis was the owner of a one-family house located in Maplewood...

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