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TRAILWAYS, INC. v. ATLANTIC CITY

179 N.J. Super. 258 (1980)

431 A.2d 191

TRAILWAYS, INC., A DELAWARE CORPORATION, PLAINTIFF, v. CITY OF ATLANTIC CITY, BOARD OF COMMISSIONERS OF THE CITY OF ATLANTIC CITY, DEPARTMENT OF REVENUE AND FINANCE OF THE CITY OF ATLANTIC CITY, DIRECTOR OF REVENUE AND FINANCE OF THE CITY OF ATLANTIC CITY, DEFENDANTS, AND MANHATTAN TRANSIT CO., INC., A NEW JERSEY CORPORATION, PLAINTIFF, v. CITY OF ATLANTIC CITY, BOARD OF COMMISSIONERS OF THE CITY OF ATLANTIC CITY, DEPARTMENT OF REVENUE AND FINANCE OF THE CITY OF ATLANTIC CITY, DIRECTOR OF REVENUE AND FINANCE OF THE CITY OF ATLANTIC CITY, DEFENDANTS.

Superior Court of New Jersey, Law Division Atlantic County.

Decided December 3, 1980.

Attorney(s) appearing for the Case

Joseph T. Wilkins, for plaintiffs.

Matthew H. Powals, City Solicitor, for defendants.

Edward N. Fitzpatrick, cocounsel for defendants (Clapp & Eisenberg, attorneys).

GRUCCIO, A.J.S.C.

Plaintiffs bring a consolidated action in lieu of prerogative writs to invalidate two Atlantic City ordinances imposing fees upon charter buses and special operations buses. While plaintiffs' motion for summary judgment was pending, the city replaced the challenged ordinances with two ordinances of similar language, but imposing higher fees. Plaintiffs amended their complaints to include the same challenged to the replaced ordinances. This court...

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