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GUNDAKER CENTRAL MOTORS, INC. v. GASSERT

23 N.J. 71 (1956)

127 A.2d 566

GUNDAKER CENTRAL MOTORS, INC., PLAINTIFF-RESPONDENT, v. FREDERICK J. GASSERT, JR., DIRECTOR OF DIVISION OF MOTOR VEHICLES, ETC., DEFENDANT-APPELLANT, AND BOROUGH OF BELMAR, ETC., DEFENDANT. (Monmouth County action). JEROME D. HABER, TRADING AS AJAX MOTORS, AND JOHN SLAMAN, TRADING AS CAPITOL AUTO SALES, PLAINTIFFS-RESPONDENTS, v. FREDERICK J. GASSERT, JR., INDIVIDUALLY AND AS DIRECTOR, DIVISION OF MOTOR VEHICLES, ETC., DEFENDANT-APPELLANT, AND ANGELO DE ROSE, ETC., ET ALS., DEFENDANTS. (Bergen County action).

The Supreme Court of New Jersey.

November 19, 1956.

December 10, 1956.

Decided December 17, 1956.

Attorney(s) appearing for the Case

Mr. John F. Crane, Deputy Attorney-General, argued the cause for the appellant Frederick J. Gassert, Jr., Director of Division of Motor Vehicles (Mr. Grover C. Richman, Jr., Attorney-General of New Jersey, attorney).

Mr. Albert S. Gross argued the cause for the respondents Jerome Haber and John Slaman (Mr. Nelson G. Gross, on the brief).

Mr. Ward Kremer argued the cause for the respondent Gundaker Central Motors, Inc.

Messrs. Gilhooly, Yauch & Fagan filed a brief as counsel for New Jersey Automotive Trade Association amicus curiae (James E. Fagan, of counsel; Daniel A. Degnan and Martin Kesselhaut, on the brief).

The opinion of the court was delivered by VANDERBILT, C.J.

This is a consolidated appeal from judgments of the Law and Chancery Divisions of the Superior Court holding unconstitutional statutes that require car dealers to close on Sunday and providing penalties for failure to do so. We certified the matter on our own motion pursuant to R.R. 1:10-1(a) because it is concerned with the constitutionality of statutes...

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