1. Home
  2. Browse Decisions
  3. N.J.
  4. 201 N.J.
  5. 201 N.J. Super. 508 (1985)
 

MACK PARAMUS CO. v. MAYOR & COUNCIL OF B. OF P.

201 N.J. Super. 508 (1985)

493 A.2d 593

MACK PARAMUS CO., ET AL. PLAINTIFFS-RESPONDENTS, v. THE MAYOR AND COUNCIL OF THE BOROUGH OF PARAMUS, DEFENDANT-APPELLANT. BOROUGH OF MIDLAND PARK, PLAINTIFF-APPELLANT, v. EXCELSIOR PANBRO COMPANIES, INC. T/A MIDLAND PARK FOODTOWN AND THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC. T/A A & P FOOD STORES, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 30, 1985.

Attorney(s) appearing for the Case

Frank J. Cuccio argued the cause for appellant Mayor and Council of the Borough of Paramus (Cuccio & Cuccio, attorneys; Frank J. Cuccio, of counsel, Marjess Leighton, on the brief).

Patrick X. Amoresano argued the cause for appellant Borough of Midland Park (Jeffer, Hartman, Hopkinson, Vogel, Coomber & Peiffer, attorneys; Patrick X. Amoresano, on the brief).

George B. Gelman argued the cause for respondents Mack Paramus Co., et al. (Gelman & McNish, attorneys; George B. Gelman and Jill L. McNish, on the brief).

Robert L. Ritter argued the cause for respondent Excelsior Panbro Companies, Inc. t/a Midland Park Foodtown (Cole, Schotz, Bernstein, Meisel & Forman, attorneys; Robert L. Ritter, on the brief).

Roger W. Breslin, Jr. argued the cause for respondent The Great Atlantic & Pacific Tea Company, Inc. t/a A & P Food Stores (Beattie, Padovano, Breslin & Dunn, attorneys; Roger W. Breslin, on letter brief).

Before Judges McELROY, DREIER and SHEBELL.

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

Defendant in the Paramus case and plaintiff in the Midland Park action appeal from summary judgments granted by Judge Harvey Smith in the Law Division invalidating their respective municipal ordinances prohibiting virtually all commercial activities on Sunday. Judge Smith determined that these ordinances were ultra vires, because this subject matter was preempted by the Code of Criminal Justice, N...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases