ABRAMOWITZ v. KIMMELMAN


200 N.J. Super. 303 (1984)

491 A.2d 78

STEPHEN ABRAMOWITZ, INDIVIDUALLY; REMUS REALTY CORP., A NEW JERSEY CORPORATION D/B/A ARCORP PROPERTIES; NATIONAL BRANDS OUTLET OF SECAUCUS, INC., A NEW JERSEY CORPORATION D/B/A N.B.O., THE NEW JERSEY CITIZENS FOR SUNDAY SHOPPING, AN ASSOCIATION NOT-FOR-PROFIT, AND BERTE INCORPORATED, A NEW JERSEY CORPORATION D/B/A BODY WORX, PLAINTIFFS, v. IRWIN I. KIMMELMAN, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, AND THOMAS F.X. SMITH, CLERK OF THE CITY OF JERSEY CITY, DEFENDANTS.

Superior Court of New Jersey, Law Division Hudson County.

Decided November 9, 1984.


Attorney(s) appearing for the Case

Joseph E. Irenas and William T. Reilly for plaintiffs (McCarter & English, attorneys).

Andrea M. Silkowitz for defendant Irwin I. Kimmelman (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).

Joseph Healy for defendant Thomas F.X. Smith.

Christopher L. Patella for amicus curiae Hudson Merchants' Council (Patella & Plaia, attorneys).


CASTANO, J.S.C.

This is an action in lieu of prerogative writs challenging the constitutionality of a recent amendment, L. 1984, c. 160, to the Sunday Closing Law, N.J.S.A. 2A:171-5.8. The amendment grants to cities of the first class, in any county where Sunday sales are banned,1 the opportunity to hold a municipal referendum to determine whether such sales should be permitted in that city despite the county-wide...

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