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TWP. OF SADDLE BROOK v. A.B. FAMILY CENTER, INC.

307 N.J. Super. 16 (1998)

TOWNSHIP OF SADDLE BROOK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. A.B. FAMILY CENTER, INC., RHODESTAR REALTY COMPANY AND STUART RHODES, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 2, 1998.

Attorney(s) appearing for the Case

Brian M. Chewcaskie, argued the cause for appellant (Gittleman, Muhlstock, Chewcaskie & Kim, attorneys; Mr. Chewcaskie, on the briefs).

Dennis J. Oury, argued the cause for respondents (Oury & Mizdol, attorneys; Mr. Oury, on the brief).

Bertram P. Goltz, Jr., Deputy Attorney General, argued on behalf of intervenor State of New Jersey (Peter Verniero, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Mr. Goltz, on the briefs).

Before Judges LONG, STERN and KIMMELMAN.

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

The Township of Saddle Brook ("Township") appeals from a judgment (1) declaring its Peace and Good Order Ordinance "per se unconstitutional because it is a content-based regulation of speech"; (2) declaring N.J.S.A. 2C:34-7 "unconstitutional as applied by Saddle Brook based upon the fact that [its] application ... does not provide a reasonable alternative means of communication;" and (3) issuing "a Certificate...

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