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ATLANTIC CITY PARKING AUTH. v. ATLANTIC CTY.

180 N.J. Super. 282 (1981)

434 A.2d 676

THE PARKING AUTHORITY OF THE CITY OF ATLANTIC CITY, A BODY CORPORATE AND POLITIC CONSTITUTING AN INSTRUMENTALITY OF THE CITY OF ATLANTIC CITY, PLAINTIFF, v. THE BOARD OF CHOSEN FREEHOLDERS OF ATLANTIC COUNTY, THE COUNTY OF ATLANTIC AND THE BOARD OF COMMISSIONERS OF THE CITY OF ATLANTIC CITY, DEFENDANTS, v. ATLANTIC COUNTY TRANSPORTATION AUTHORITY, DEFENDANT/INTERVENOR.

Superior Court of New Jersey, Law Division Atlantic County.

Decided June 24, 1981.

Attorney(s) appearing for the Case

Irwin I. Kimmelman for plaintiff (Kimmelman, Wolf & Samson, attorneys).

Salvatore Perillo, Atlantic County Counsel, for defendants Board of Chosen Freeholders of Atlantic County and The County of Atlantic.

Matthew H. Powals, City Solicitor, for defendant Board of Commissioners of the City of Atlantic City.

Richard D. Alten, for defendant/intervenor Atlantic County Transportation Authority (Alten, Valentine, Seltzer & Shultz, attorneys).

STEEDLE, J.S.C.

The within action is a complaint in lieu of prerogative writs. The court presently has before it cross-motions for summary judgment which will be dispositive of the entire controversy.

Plaintiff alleges substantially that the County Transportation Authorities Act (L. 1980, c. 44; N.J.S.A. 40: 35B-1 et seq.) is unconstitutional as special legislation adopted in contravention of the requirements of N.J. Const.<...

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