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Fullbrook v. Mayor and Members of City Council of City of Camden

Superior Court of New Jersey, Appellate Division

November 7, 2013

FRANK J. FULLBROOK, LIAQAT ALI, t/a BROADWAY FOOD COURT, ALI S. KAHN, CROWN FRIED CHICKEN, LE GUAN WO and GREAT WALL CHINESE RESTAURANT, Plaintiffs,
v.
THE MAYOR AND MEMBERS OF CITY COUNCIL OF THE CITY OF CAMDEN, a Municipal Corporation of the State of New Jersey, Defendants. 7-ELEVEN, INC., Plaintiff-Appellant,
v.
CITY OF CAMDEN, DANA L. REDD, as Mayor of the City of Camden, CITY COUNCIL OF THE CITY OF CAMDEN, Defendants-Respondents.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued September 25, 2013.

On appeal from Superior Court of New Jersey, Law Division, Camden County, Docket No. L-5662-11.[1]

Andrew Bayer argued the cause for appellant (GluckWalrath LLP, attorneys; Mr. Bayer, of counsel; William C. Katz, on the brief).

John C. Eastlack, Jr. argued the cause for respondents (Weir & Partners, LLP, attorneys; Mr. Eastlack and Daniel E. Rybeck, on the brief).

Before Judges Sapp-Peterson, Maven and Hoffman.

PER CURIAM

Plaintiff, 7-Eleven, Incorporated (7-Eleven) appeals from the May 13, 2013 trial court order denying its application to set aside Ordinance MC-4629 (Ordinance) adopted by defendant, City of Camden (City). The Ordinance regulates the hours of operation of certain businesses located within 200 feet of a residential zone. Following a bench trial, the trial court found the Ordinance represented a valid exercise of the City's police power and dismissed the action. We agree and affirm.

On August 9, 2011, the City adopted the Ordinance, which provides in pertinent part:

Section 3. Restaurants, retail food establishments, retail sales and personal services businesses to be closed during certain hours.
A. Restaurants, retail food establishments, retail sales, and personal services businesses located within a Residential Zone or within two hundred (200) feet of a Residential Zone, may operate in the City only within the time restrictions set forth in the section:
1. Sunday through Thursday: 6:00 a.m. to ll:00 p.m.
2. Friday through Saturday: 6:00 a.m. to 12:00 a.m.

The Ordinance identified its purposes as including to:

1.Improve the quality of life for residents in the residential areas of the City, particularly during the late night/early morning hours.
2.Decrease the incidence of arrests, criminal activity, nuisance complaints, and littering associated with large crowds of individuals congregating in, or in close proximity to, residential areas in the City during the late night/early morning hours, which individually and ...

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