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DOWNS FORD, INC. v. DOVER TP.

230 N.J. Super. 623 (1989)

554 A.2d 882

DOWNS FORD, INC., PLAINTIFF, v. DOVER TOWNSHIP, DEFENDANT.

Superior Court of New Jersey, Chancery Division Ocean County.

Decided January 12, 1989.

Attorney(s) appearing for the Case

David P. Loughran for plaintiff (Kushinsky, Gans & Chaplick, attorneys).

J. Mark Mutter and Francis P. Piscal for defendant.

SERPENTELLI, A.J.S.C.

In this action plaintiff seeks permanently to enjoin defendant from interfering with the operation of construction equipment on Saturdays and from prosecuting an action against it in the Municipal Court of the Township of Dover. Plaintiff is charged with a violation of section 105B-5.2(c) of the Code of the Township of Dover, which prohibits:

[o]perating or permitting the operation of any hand or power tools or equipment used in construction...

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