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AMERICA ON WHEELS, ETC. v. EATONTOWN BD. OF ADJ.

178 N.J. Super. 155 (1981)

428 A.2d 532

AMERICA ON WHEELS, EATONTOWN, INC., PLAINTIFF-APPELLANT, v. BOARD OF ADJUSTMENT OF THE BOROUGH OF EATONTOWN AND MAYOR AND COUNCIL OF THE BOROUGH OF EATONTOWN, A MUNICIPALITY OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 11, 1981.

Attorney(s) appearing for the Case

Joseph Gordon argued the cause for the appellant (Gordon and Kanengiser, attorneys).

Michael J. Cernigliaro argued the cause for respondent Board of Adjustment (Campbell, Foley, Lee, Murphy & Cernigliaro, attorneys).

John W. O'Mara argued the cause for respondents mayor and council.

Before Judges ALLCORN, PRESSLER and FURMAN.

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

For the reasons set forth in our opinion in the companion case of Supercade Cherry Hill, Inc., v. Eatontown, 178 N.J.Super. 152, decided under even date, we are satisfied that ordinance 89.7.15.3 (1979) is invalid in its exclusion from commercial zones of places of amusement involving "coin operated amusement,... or entertainment machines...."

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