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WHITMORE v. N.J. DIV. OF MOTOR VEHICLES

137 N.J. Super. 492 (1975)

349 A.2d 560

PATRICIA WHITMORE AND CHARLES COSTON, PLAINTIFFS, v. NEW JERSEY DIVISION OF MOTOR VEHICLES, JOHN A. WADDINGTON, DIRECTOR OF NEW JERSEY DIVISION OF MOTOR VEHICLES, AND SAKOVAN, INC., DEFENDANTS, AND NEW JERSEY AUTOMOBILE DEALERS ASSOCIATION AND NEW JERSEY GASOLINE RETAILERS ASSOCIATION AND ALLIED TRADES, INC., INTERVENORS.

Superior Court of New Jersey, Chancery Division.

Decided November 6, 1975.

Attorney(s) appearing for the Case

Mr. Steven P. McCabe, Middlesex County Legal Services Corp., for plaintiffs (Mr James J. Lynch, Union County Legal Services Corp. and Mr. Mark Goldman, Newark Legal Services Corp., attorneys; Mr. Russell Piccoli, New Jersey State Office of Legal Services, of counsel and on the brief).

Mr. Harley A. Williams, Deputy Attorney General, for defendants New Jersey Division of Motor Vehicles and John A. Waddington, Director of New Jersey Division of Motor Vehicles (Mr. William F. Hyland, Attorney General, attorney).

Mr. Joseph J. Jankowski for defendant Sakovan, Inc. (Messrs. Hutt, Berkow & Hollander, attorneys).

Mr. Frank J. Cundari for intervenor New Jersey Automobile Dealers Association (Messrs. Wilentz, Goldman & Spitzer, attorneys).

Mr. Stephen R. Spector for intervenor New Jersey Gasoline Retailers Association and Allied Trades, Inc. (Messrs. Ferrara, Glock & Spector, attorneys).

FURMAN, J.S.C.

The constitutionality of the public sale provisions of the Garage Keepers Lien Act, N.J.S.A. 2A:44-20 et seq., is at issue. The automobiles of both plaintiffs were retained by garage keepers after repairs. Repair bills were disputed and not paid. Plaintiff Coston's automobile is still retained. Plaintiff Whitmore's automobile was sold at public sale and title transferred by defendant Division of Motor Vehicles.

The Garage Keepers...

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