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AUTOMATIC MERCH. COUN. OF N.J. v. EDISON TP.

204 N.J. Super. 395 (1985)

499 A.2d 224

AUTOMATIC MERCHANDISING COUNCIL OF NEW JERSEY, AUTOMATIC CATERING, INC., B & C VENDING INC., CRYSTAL VENDING COMPANY, AND PARKWAY VENDING CO., INC., PLAINTIFFS-RESPONDENTS CROSS-APPELLANTS, v. THE TOWNSHIP OF EDISON IN THE COUNTY OF MIDDLESEX, A MUNICIPAL CORPORATION, DEFENDANT-APPELLANT, CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 1, 1985.

Attorney(s) appearing for the Case

Peter A. DeSarno argued the cause for appellant (Mr. DeSarno on the brief).

Douglas S. Brierley argued the cause for respondent (Schenck, Price, Smith & King, attorneys; Clifford W. Starrett, of counsel; Mr. Brierley on the brief).

Before Judges McELROY and DREIER.

PER CURIAM.

This is a class action brought in behalf of owners and operators of vending machines located in Edison Township challenging the validity of township ordinance no. 0.38-81 adopted November 12, 1981 which imposed a licensing fee of $40 annually upon each such machine. The trial judge held the ordinance invalid because the annual licensing fee of $40 was arbitrary and unreasonable and greatly exceeded the...

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