EGG HARBOR v. COLASUONNO


182 N.J. Super. 110 (1981)

440 A.2d 69

EGG HARBOR CITY, PLAINTIFF, v. CARL COLASUONNO, AND MICHAEL BOCCANFUSO, T/A ADULT BOOK WORLD, DEFENDANTS.

Superior Court of New Jersey, Chancery Division Atlantic County.

Decided November 12, 1981.


Attorney(s) appearing for the Case

Howard E. Drucks for plaintiff (McGahn, Friss & Gindhart, attorneys).

Saul J. Steinberg for defendants (Steinberg and Ginsberg, attorneys).

Ralph W. Platine for intervenor (Platine & Feldman, attorneys).


GIBSON, J.S.C.

This is an action for injunctive relief arising out of alleged violations of state and local obscenity laws. N.J.S.A. 2C:34-2. Plaintiff is a municipality and defendants are merchants operating within its borders. Raised by the court's own motion are three primary questions: (1) May a court of equity enjoin the violation of state penal laws and local ordinances? (2) If not, what is the proper forum for the prosecution of violations of state obscenity...

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