RAN-DAV'S CTY. KOSHER, INC. v. STATE


243 N.J. Super. 232 (1990)

579 A.2d 316

RAN-DAV'S COUNTY KOSHER, INC., A NEW JERSEY CORPORATION T/A COUNTY KOSHER: ARTHUR WEISMAN AND NADINE WEISMAN, INDIVIDUALLY AND AS OFFICERS AND SHAREHOLDERS OF RAN-DAV'S COUNTY KOSHER, INC.; AND NEW JERSEY ALLIANCE OF KOSHER CATERERS, PLAINTIFFS-APPELLANTS, v. STATE OF NEW JERSEY: PETER N. PERRETTI, JR.; JAMES J. BARRY, JR.; RABBI YAKOV M. DOMBROFF; ATTORNEY GENERAL'S ADVISORY COUNCIL ON KOSHER FOOD; MORRIS GLATT; DIANE LAMONACO; AND DOES 1-50, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided August 6, 1990.


Attorney(s) appearing for the Case

Eric L. Chase argued the cause for appellants (Margolis Chase, attorneys, Eric L. Chase and Genevieve K. LaRobardier on the brief, Laurence H. Tribe and Brian Koukoutchos, on the Supplemental brief).

John T. Ambrosio, Deputy Attorney General argued the cause for respondents (Robert Del Tufo, Attorney General, Andrea M. Silkowitz, Assistant Attorney General, of counsel, John T. Ambrosio and Nancy Costello Miller, on the brief).

Nathan Lewin argued the cause amicus curiae for the National Jewish Commission on Law and Public Affairs (Dennis Rapps, attorney, Barbara L. Newman, on the brief).

Bruce D. Shoulson argued the cause amicus curiae for The New Jersey Association of Reform Rabbis, The Reconstructionist Rabbinical Association, The New Jersey Region of the Rabbinical Assembly, and The Rabbinical Council of New Jersey (Lowenstein, Sandler, Kohl, Fisher & Boylan, attorneys, Walter A. Effross, on the brief).

Ronald K. Chen argued the cause amicus curiae for the American Civil Liberties Union of New Jersey (Deborah Ellis, of counsel and on the brief).

Meyer L. Rosenthal argued the cause amicus curiae for the Anti-Defamation League of B'nai B'rith (Richard E. Shevitz, attorney; Meyer L. Rosenthal, on the brief).

Ronna D. Brown, Assistant Attorney General argued the cause amicus curiae for the Bureau of Consumer Frauds and Protection of the State of New York (Robert Abrams, Attorney General of the State of New York, attorney, John W. Corwin, Assistant Attorney General, in charge, Mary Hilgeman, Ronna D. Brown and Earl S. Roberts, of counsel, Robert Abrams, on the brief).

Before Judges DREIER, SCALERA and D'ANNUNZIO.


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

After dismissal of various claims in the Chancery Division, appellants Ran-Dav's County Kosher, Inc. and its principals (plaintiffs) here present a challenge to N.J.A.C. 13:45A-21.1 et seq., the New Jersey Kosher regulations. Plaintiffs have also challenged the parallel disorderly persons statute, N.J.S.A. 2C:21-7.2 et seq.; but since plaintiffs have not been charged with a violation...

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