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ABRAMOWITZ v. KIMMELMAN

203 N.J. Super. 118 (1985)

495 A.2d 1362

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; BERTE INCORPORATED, A NEW JERSEY CORPORATION D/B/A BODY WORX, AND KATHLEEN REDDEN BIGGIANI, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, 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-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 26, 1985.

Attorney(s) appearing for the Case

Joseph E. Irenas argued the cause for appellants (McCarter & English, attorneys; Mr. Irenas and William T. Reilly, of counsel; Messrs. Irenas, Reilly and John F. Brenner, on the briefs).

Andrea M. Silkowitz, Deputy Attorney General, argued the cause for respondent Attorney General (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Ms. Silkowitz and Michael R. Cole, First Assistant Attorney General, of counsel and on the brief).

Barbara Tapper-Catrillo, Assistant Corporation Counsel, argued the cause for respondent Smith (Joseph Healy, Corporation Counsel, attorney; Ms. Tapper-Catrillo, Eugene P. O'Connell and Joanne Monahan, Assistant Corporation Counsel, on the brief).

Pattella & Plaia, attorneys for amicus curiae Hudson County Merchants' Council (Christopher L. Patella, of counsel; Mr. Patella and Thomas S. Plaia, on the brief).

Before Judges MATTHEWS, FURMAN and HAVEY.

PER CURIAM.

Plaintiffs, who include a resident of Hudson County, but not of Jersey City, a land developer, and a retail business operating in parts of Hudson County other than Jersey City, and a nonprofit organization of Bergen and Hudson County retailers opposed to the Sunday Closing Law, challenged the validity of L. 1984, c. 160, an amendment and supplement to the Sunday Closing Law, N.J.S.A.

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