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TOMASI v. TP. OF WAYNE

126 N.J. Super. 169 (1973)

313 A.2d 229

GEORGE TOMASI, INDIVIDUALLY AND TRADING AS GEORGE RICHARDS' FOR MEN, PLAINTIFF, v. TOWNSHIP OF WAYNE, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided December 17, 1973.

Attorney(s) appearing for the Case

Mr. William J. Rosenberg for plaintiff.

Mr. Robert S. Moraff for defendant (Mr. Lawrence D. Katz on the brief).

SCHWARTZ, L., J.C.C., Temporarily Assigned.

Plaintiff, the holder of a barber shop license issued by the State of New Jersey, has challenged the constitutionality of an ordinance adopted by Wayne Township prohibiting barber shops from remaining open for business after 6:30 P.M. on weekdays. He contends that it is an arbitrary exercise of the police power, there being no relationship between the restraint and the public health, safety and welfare to justify the restrictions...

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