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CAPITOL MOVIES, INC. v. CITY OF PASSAIC

194 N.J. Super. 298 (1984)

476 A.2d 869

CAPITOL MOVIES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. CITY OF PASSAIC, A MUNICIPAL CORPORATION AND THE CITY COUNCIL OF THE CITY OF PASSAIC, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 6, 1984.

Attorney(s) appearing for the Case

James M. McGovern, Jr. argued the cause for appellant (Abramoff, Christie, Fox & Zaro, attorneys; James M. McGovern, on the brief).

John J. McKniff, City Attorney for the City of Passaic, argued the cause for respondent (Mark Weber, on the brief).

Before Judges BOTTER, PRESSLER and O'BRIEN.

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

The issue raised by this appeal is the validity of an ordinance adopted by defendant City of Passaic which limits the showing of "X-rated" films to the hours of 7 p.m. to midnight. The trial judge entered summary judgment sustaining the validity of the ordinance,1 rejecting the constitutional challenge brought by plaintiff Capitol Movies, Inc. (Capitol). We reverse.

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