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BELLEMEAD DEVELOPMENT CORP. v. SCHNEIDER

196 N.J. Super. 571 (1984)

483 A.2d 830

BELLEMEAD DEVELOPMENT CORPORATION AND BELLEMEAD MANAGEMENT CO., INC., PLAINTIFFS-RESPONDENTS, v. DEBORAH SCHNEIDER, INDIVIDUALLY AND AS ORGANIZER OF LOCAL 59, PROFESSIONAL OFFICE WORKERS OF NEW JERSEY, ILGWU/AFL-CIO; LOCAL 59 PROFESSIONAL OFFICE WORKERS OF NEW JERSEY, ILGWU/AFL-CIO; AND JOHN DOE AND JANE DOE, SAID NAMES BEING FICTITIOUS, THEIR TRUE NAMES BEING UNKNOWN TO PLAINTIFFS, SUCH PERSONS BEING OFFICERS, AGENTS, REPRESENTATIVES, MEMBERS AND/OR EMPLOYEES OF THE ABOVE-NAMED ORGANIZATION, AND OTHERS IN ACTIVE CONCERT OR PARTICIPATION WITH IT, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 29, 1984.

Attorney(s) appearing for the Case

Bennet D. Zurofsky argued the cause for appellants (Reitman, Parsonnet, Maisel & Duggan, attorneys; Sidney Reitman, of counsel; Bennet D. Zurofsky on the brief).

Joel L. Finger, of the New York Bar, argued the cause pro hac vice for respondents (Walder, Sondak, Berkeley & Brogan, attorneys; Joel L. Finger and Barry Asen on the brief).

Before Judges PRESSLER, BRODY and HAVEY.

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

In State v. Schmid, 84 N.J. 535 (1980), the Court held that Article I, paragraph 6, of the New Jersey Constitution affords the exercise of free speech broader protection than does the First Amendment of the United States Constitution. Schmid requires that a property owner may have to yield a measure of his constitutionally protected private property rights to unwanted...

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