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FANELLI v. CITY OF TRENTON

135 N.J. 582 (1994)

641 A.2d 541

LOUIS FANELLI, PLAINTIFF-APPELLANT, AND LOUIS SHEPHERD, ROBERT BRIGGS, AND RAYMOND WYLIE, PLAINTIFFS, v. CITY OF TRENTON, A BODY POLITIC OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT, AND TRENTON MERCHANTS ASSOCIATION AND CENTRAL TRENTON INCORPORATED, DEFENDANTS.

The Supreme Court of New Jersey.

Decided June 7, 1994.

Attorney(s) appearing for the Case

Charles J. Casale, Jr., argued the cause for appellant.

Robert J. Paci, Assistant City Attorney, argued the cause for respondent (Rocky L. Peterson, City Attorney, attorney).

Richard S. Goldman argued the cause for amicus curiae, Trenton Downtown Association (Drinker, Biddle & Reath, attorneys).

The opinion of the Court was delivered by STEIN, J.

This appeal requires the Court to determine the validity of a municipal ordinance that bans hawking, peddling, or vending in a statutorily-authorized Special Improvement District (SID). The ordinance exempts from the prohibition pushcart peddling conducted by and adjacent to restaurants that operate in the SID. Plaintiff is a food vendor holding a license under a State statute...

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