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BYNUM v. WINSLOW TP.

181 N.J. Super. 2 (1981)

436 A.2d 532

RANDALL J. BYNUM, PLAINTIFF-APPELLANT, v. MAYOR AND TOWNSHIP COMMITTEE OF THE TOWNSHIP OF WINSLOW AND THE COUNTY OF CAMDEN, STATE OF NEW JERSEY AND JEAN DI BLASI, CLERK OF THE MUNICIPAL COURT, TOWNSHIP OF WINSLOW, COUNTY OF CAMDEN, AND STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided September 25, 1981.

Attorney(s) appearing for the Case

E. Allen Nickerson attorney for appellant.

Maressa, Goldstein, Birsner & Patterson attorneys for respondent (David C. Patterson on the brief).

Before Judges BISCHOFF, KING and POLOW.

The opinion of the court was delivered by POLOW, J.A.D.

Plaintiff is an amateur radio operator duly licensed by the Federal Communications Commission. In a prerogative writ action the trial court rejected his attack on a municipal ordinance restricting his right to transmit. On appeal from that decision plaintiff attacks the ordinance as ultra vires, not within the power of municipal government and, in any event, an invalid attempt to regulate in a field entirely...

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