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BROWN v. CITY OF NEWARK

202 N.J. Super. 1 (1985)

493 A.2d 1255

RICHARD BROWN AND ERNEST KING, PLAINTIFFS-RESPONDENTS, v. CITY OF NEWARK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 25, 1985.

Attorney(s) appearing for the Case

Kathleen C. Goger, Assistant Corporation Counsel, argued the cause for appellant (John J. Teare, Corporation Counsel, attorney; Janice Montana, Assistant Corporation Counsel and Hugh B. Gallagher, Assistant Corporation Counsel, on the brief).

Louis S. Raveson argued the cause for respondents.

Before Judges MATTHEWS, FURMAN and RICHARD S. COHEN.

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

The constitutionality of thirteen sections of the City of Newark ordinance regulating peddling and the entitlement of Rutgers Urban Legal Clinic to an attorney's fee award under 42 U.S.C.A. § 1988 are at issue on this appeal. Plaintiffs are licensed peddlers of the city. In a comprehensive opinion the trial judge struck down twelve sections and part of a thirteenth of the ordinance as unconstitutional...

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