NEW JERSEY COALITION AGAINST WAR IN THE MIDDLE EAST, SYLVIA ACKELSBERG, AND DAVID CLINE, PLAINTIFFS-APPELLANTS, CROSS-RESPONDENTS,
v.
J.M.B. REALTY CORPORATION, D/B/A RIVERSIDE SQUARE, AND PRUTAUB JOINT VENTURE, D/B/A THE MALL AT SHORT HILLS, DEFENDANTS-RESPONDENTS-CROSS-APPELLANTS, AND CHERRY HILL CENTER, INC., D/B/A CHERRY HILL MALL; KRAVCO, INC., D/B/A HAMILTON MALL; EQUITY PROPERTIES & DEVELOPMENT COMPANY, D/B/A MONMOUTH MALL; KRAVCO, INC., D/B/A QUAKERBRIDGE MALL; ROCKAWAY CENTER ASSOCIATES, D/B/A ROCKAWAY TOWNSQUARE; WOODBRIDGE CENTER, INC., D/B/A WOODBRIDGE CENTER; LIVINGSTON MALL VENTURE, D/B/A LIVINGSTON MALL; HARTZ MOUNTAIN INDUSTRIES, INC., D/B/A THE MALL AT MILL CREEK, DEFENDANTS-RESPONDENTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued March 8, 1993.
Decided June 24, 1993.
Attorney(s) appearing for the Case
Frank Askin, Rutgers Constitutional Litigation Clinic, and William J. Volonte of Reitman Parsonnet, argued the cause for appellants (Deborah Ellis, of counsel; Messrs. Askin, Howard Moskowitz and Volonte, on the brief).
Joseph Aviv argued the cause for respondents-cross-appellants JMB Income Properties, Ltd.-XI (incorrectly denominated J.M.E. Realty Corporation in the complaint), d/b/a Riverside Square, and Prutaub Joint Venture, d/b/a The Mall at Short Hills (Miro, Miro & Weiner and Cuyler, Burk & Mathews, attorneys; Mr. Aviv and Jo Ann Burk, on the brief).
Nicholas deB. Katzenbach argued the cause for respondents Woodbridge Center, Inc., d/b/a Woodbridge Center, and Cherry Hill Center, Inc., d/b/a Cherry Hill Mall (Riker, Danzig, Scherer, Hyland & Perretti, attorneys; Mr. Katzenbach and Anne M. Patterson, on the brief).
Brian J. McMahon argued the cause for respondents Hamilton Associates, d/b/a Hamilton Mall, and Lawrence Associates, d/b/a Quakerbridge Mall (both incorrectly denominated Kravco, Inc. in the complaint), (Crummy, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Mr. McMahon and John T. Wolak, on the brief).
Ronald E. Wiss argued the cause for respondents Livingston Mall Venture, d/b/a Livingston Mall, and Rockaway Center Associates, d/b/a Rockaway Townsquare (Wolff & Samson, attorneys; Mr. Wiss and Sandra Nachshen, on the brief).
Mark A. Steinberg argued the cause for respondent Equity Properties and Development Co., Inc., d/b/a Monmouth Mall (Steinberg and Fellenz, attorneys; Mr. Steinberg, on the brief).
Curtis L. Michael argued the cause for respondent Hartz Mountain Industries, Inc., d/b/a The Mall at Mill Creek (Horowitz, Rubino & Associates, attorneys; Mr. Michael, of counsel and on the brief).
Robert F. Williams, attorney for amici curiae New Jersey Environmental Lobby, League of Women Voters of N.J., Hands Across N.J., United Food and Commercial Workers Union, Locals 1245, 1262, 1358 and 56, Hotel Employees and Restaurant Employees International Union, Local 54.
Bernard A. Kuttner, attorney for amici curiae United Farm Workers of America, AFL CIO, and New Jersey Consumer Coalition.
Zulima V. Farber, Public Advocate, as amicus curiae (Isabel McGinty, Assistant Deputy Public Advocate, on the brief).
Before Judges PETRELLA, D'ANNUNZIO and KEEFE.
Superior Court of New Jersey, Appellate Division.
PER CURIAM.
Plaintiffs appeal from an order of the Chancery Division upholding the rights of defendants, owners of private property in the form of various shopping malls located throughout the state, to prohibit or restrict leafletting on their properties under the criteria set forth in State v. Schmid,84 N.J. 535, 423 A.2d 615 (1980), appeal dismissed sub nom. Princeton Univ. v. Schmid,...
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