NEW CHANCELLOR CINEMA, INC. v. TOWN OF IRVINGTON


169 N.J. Super. 564 (1979)

405 A.2d 438

NEW CHANCELLOR CINEMA, INC., PLAINTIFF, v. TOWN OF IRVINGTON AND THE TOWN COUNCIL OF THE TOWN OF IRVINGTON, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided June 26, 1979.


Attorney(s) appearing for the Case

Mr. Melvin D. Marx for plaintiff (Messrs. Marx and Gourvitz, attorneys).

Mr. Salvatore Muscato, Assistant Town Attorney, for defendants (Mr. Henry E. Rzemieniewski, Town Attorney).


DIOS, J.D.C. (temporarily assigned).

This matter is before the court on plaintiff's order to show cause, pursuant to R. 4:52-1, seeking a temporary restraining order prohibiting defendants from enforcing Ordinance MC2382 which restricts the hours of exhibition of "X-rated" motion pictures from 7 P.M. until midnight. Plaintiff challenges the validity of the ordinance on the basis that its First Amendment right of free expression has been impeded and that the...

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