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DeFALCO TOWING v. NEW PROVIDENCE

881 A.2d 745 (2005)

380 N.J. Super. 152

DeFALCO INSTANT TOWING, INC., Berkeley Collision, Inc., and Ricardo A. Vega, a taxpayer, Plaintiffs-Appellants, v. BOROUGH OF NEW PROVIDENCE, Defendant-Respondent, and Gelormini's Auto Repair and Towing, Inc., and AGK Towing and Recovery, Inc., Defendants.

Superior Court of New Jersey, Appellate Division.

Decided September 8, 2005.

Attorney(s) appearing for the Case

Harvey Fruchter and Associates, Kenilworth, attorneys for appellants (Tejas S. Kapadia, on the brief).

Carella, Byrne, Bain, Gilfillan, Cecchi, Stewart & Olstein, Roseland, attorneys for respondent Borough of New Providence (Carl R. Woodward, III, and Brian H. Fenlon, on the brief).

Before Judges STERN, COBURN and GRAVES.

The opinion of the court was delivered by

GRAVES, J.A.D.

In this case, we are called upon to evaluate the validity of an amendment to a towing ordinance adopted by the Borough of New Providence (the Borough) on February 10, 2003, which gives preference to towing vendors who maintain a place of business within the Borough. Plaintiffs, DeFalco Instant Towing, Inc. (DeFalco), and Berkeley Collision, Inc. (Berkeley), towing vendors located outside of the Borough...

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