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COCULO v. CITY OF TRENTON

85 N.J. Super. 523 (1964)

205 A.2d 340

FRANK COCULO, T/A FRANK AND JEAN OF OLDEN, NEW JERSEY MASTER HAIRDRESSERS AND COSMETOLOGISTS ASSOCIATION, A CORPORATION OF THE STATE OF NEW JERSEY, AND TRENTON HAIRDRESSERS' ASSOCIATION OF MERCER COUNTY, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFFS-RESPONDENTS, v. THE CITY OF TRENTON, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT, AND THE BOARD OF BEAUTY CULTURE CONTROL AND ARTHUR J. SILLS, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 8, 1964.

Attorney(s) appearing for the Case

Mrs. Linda Brenner Lengyel argued the cause for defendant-appellant (Mr. Robert R. Ross, attorney).

Mr. Mark E. Litowitz argued the cause for plaintiffs-respondents (Messrs. Montis & Litowitz, attorneys).

Mr. Irwin R. Rein, Deputy Attorney General, appeared for defendants-respondents (Mr. Arthur J. Sills, Attorney General, attorney).

Before Judges CONFORD, KILKENNY and LEWIS.

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

The City of Trenton appeals from a summary judgment of the Superior Court, Law Division, declaring invalid that part of the city's ordinance No. 504 which requires "beauty parlors and hair dressing establishments" to obtain a license from the city to carry on their business. The judgment also ordered the city to repay to plaintiffs any fees paid to the city...

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