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DIMOR, INC. v. CITY OF PASSAIC

122 N.J. Super. 296 (1973)

300 A.2d 191

DIMOR, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, AND PASSAIC CINEMA, INC., A CORPORATION OF THE STATE OF NEW JERSEY, AND S.M.H. AMUSEMENT CO., A CORPORATION OF THE STATE OF NEW JERSEY, INTERVENORS, v. CITY OF PASSAIC, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided January 22, 1973.

Attorney(s) appearing for the Case

Mr. Richard K. Rosenberg argued the cause for plaintiff (Messrs. Heller & Laiks, attorneys).

Mr. H. Ronald Levine argued the cause for intervenor Passaic Cinema, Inc. (Mr. Robert M. Kronman, attorney).

Mr. Hymen Siegendorf argued the cause for intervenor S.M.H. Amusement Co. (Messrs. Siegendorf, Michaelis & Miller, attorneys).

Mr. Otto F. Blazsek argued the cause for defendant (Mr. Joseph Scancarella, City Attorney).

DOAN, J.C.C., Temporarily Assigned.

On January 6, 1972 defendant City of Passaic through its mayor and council, adopted ordinance No. 135-72 which set forth certain licensing requirements with respect to motion picture theatres. Its effective date was January 26, 1972. Paragraph 4 of the ordinance provides:

It shall be unlawful for any person conducting a theatre or moving picture show to exhibit immoral pictures...

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