Legal Opinion
State v. McCormack Terminal, Inc.
New Jersey Superior Court Appellate Division
Decided August 29, 1983PublishedCited by 1 opinion
1Opinion of the Court
The opinion of the court was delivered by
BRODY, J.A.D.
Defendant appeals its conviction under an ordinance1 for polluting the air of South Amboy. A $500 fine was imposed. It contends that the ordinance definition of “air pollution” is unconstitutionally vague and that the penalty provision of the ordinance is void because it establishes a minimum fine contrary to the limited statutory authority given municipalities to adopt penal ordinances. We affirm the conviction.
The facts are not now disputed. Defendant was using an unenclosed conveyor to transfer coal from a railroad coal car to *50an open…
2Cases cited13 opinions
- Helmsley v. Borough of Fort LeeSupreme Court of New Jersey · 1978
- Bd. of Health of Weehawken Tp. v. NY Central R. Co.Supreme Court of New Jersey · 1950
- State v. Owens-Corning Fiberglas Corp.New Jersey Superior Court Appellate Division · 1968
- STATE DEPT. OF HEALTH v. Owens-Corning Fiberglas Corp.Supreme Court of New Jersey · 1969
- Gross v. AllanNew Jersey Superior Court Appellate Division · 1955
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3Cited by1 opinion
- State of New Jersey v. Springfield Urban Renewal Center Corp.New Jersey Superior Court Appellate Division · 2026