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CARMEL v. HILLSDALE

178 N.J. Super. 185 (1981)

428 A.2d 548

JOSEPH CARMEL, CARMEL HILLSDALE STATIONARY, INC., PLAINTIFFS-APPELLANTS, v. BOROUGH OF HILLSDALE, THOMAS MISCIAGNA, WILLIAM ECKHARDT, CATHERINE CICORA, JONATHAN LOOES, EDWARD STUCKEY, KELLY JOHN, RICHARD ROSANO, PHILLIP VARISCO, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 6, 1981.

Attorney(s) appearing for the Case

John L. Weichsel argued the cause for appellants (Gary Gordon on the brief).

David J. Hughes argued the cause for respondents (Richard J. Donohue, attorney).

Before Judges ALLCORN, PRESSLER and FURMAN.

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

Plaintiffs appeal the denial of their application for an award of counsel fees pursuant to 42 U.S.C.A. § 1988 following their successful challenge to the validity of an anti-pornography ordinance which had been adopted by defendant Borough of Hillsdale. The challenge was based both on an alleged violation of 42 U.S.C.A. § 1983 and on...

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