Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Auto-Rite Supply Co. v. Mayor and Township Committeemen of Township of Woodbridge

Decided: October 21, 1957.

AUTO-RITE SUPPLY CO., A CORPORATION OF THE STATE OF NEW JERSEY, ET ALS., PLAINTIFFS-APPELLEES,
v.
MAYOR AND TOWNSHIP COMMITTEEMEN OF THE TOWNSHIP OF WOODBRIDGE, AND THE TOWNSHIP OF WOODBRIDGE, IN THE COUNTY OF MIDDLESEX, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS



On appeal from Superior Court, Law Division, whose opinion is reported in 41 N.J. Super. 303.

For affirmance -- Justices Oliphant, Wachenfeld, Burling and Francis. For reversal -- Justice Heher. The opinion of the court was delivered by Burling, J. Wachenfeld, J. (concurring). Francis, J. (concurring). Heher, J. (dissenting). Wachenfeld, J., concurring in result.

Burling

The Township of Woodbridge enacted an ordinance "to encourage the observance of Sundays to preserve the public peace and order and to promote the public health by repose and quiet on the day assigned for rest," but only the sale of the following items has been prohibited under pain of fine or imprisonment:

general household electrical appliances

home furnishings and bedding

furniture

floor coverings

hardware

paint and wallpaper

men's and women's wear

shoes

automotive services and parts (except as sold by gasoline stations licensed by Woodbridge).

Plaintiffs own mercantile establishments in the township and deal in certain of the items prohibited from Sunday

sale. Included in the questions involved and propounded by the appellant's and argued in this case was:

"3. Was not Woodbridge's Sunday-closing ordinance one authorized by statute and constitutionally valid?"

The ordinance was brought under attack by a suit in lieu of prerogative writ in the Superior Court, Law Division. After Woodbridge filed its answer plaintiffs moved for summary judgment upon supporting affidavits. Woodbridge offered nothing in opposition thereto which would raise a factual issue, and the trial court quite properly viewed as true the statements of uncontradicted facts appearing in the plaintiffs' affidavits. Judson v. Peoples Bank & Trust Co. of Westfield, 17 N.J. 67, 75 (1954).

The most significant recital in the moving papers is a recital of the business establishments which are engaging in Sunday trade. Among these are listed:

1 hardware and lumber supply

1 dry goods store

1 camera shop

1 lumber company

1 children's clothing store

1 garden supply store

1 bicycle shop

1 sporting goods store

1 store selling linens, blankets and drapes

1 gift shop

4 candy stores

3 general stores

The trial court concluded that the ordinance effected "an unconstitutional invasion of personal and property rights of the plaintiffs" and deemed the true purpose of the enactment to be an attempt "to subvert competition in favor of the members of the Perth Amboy Merchants Association" and "not for the purpose set forth in the title ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.