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GENERAL FOOD VENDING INC. v. TOWN OF WESTFIELD

288 N.J. Super. 442 (1995)

672 A.2d 760

GENERAL FOOD VENDING INC., A NEW JERSEY CORPORATION, AND C.I.C. CORPORATION, A NEW JERSEY CORPORATION, PLAINTIFFS, v. TOWN OF WESTFIELD, DEFENDANTS.

Superior Court of New Jersey, Law Division Union County.

Decided December 1, 1995.

Attorney(s) appearing for the Case

Keith N. Biebelberg, Esq., for plaintiffs (Biebelberg & Martin, Attorneys).

Charles H. Brandt, Esq., for the defendant.

MENZA, J.S.C.

Plaintiffs, cigarette vending machine owners, challenge the constitutionality of an ordinance adopted by the defendant, the Town of Westfield, which prohibits cigarette vending machines in Westfield.

The facts are as follows:

In early 1995 the defendant initiated the process of adopting an ordinance with the purpose of preventing the sale of cigarette machines to minors. It considered two alternatives: 1) eliminating cigarette vending...

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