North Jersey Newspapers Co. v. Borough of Kenilworth

BOYLE, P.J.Ch.

Plaintiff, North Jersey Newspaper Company (“North Jersey”), is before the court on a return date of an order to show cause seeking to enjoin the enforcement by defendant, Borough of Kenilworth (“Kenilworth”), of N.J.S.A. 39:4-64.1 N.J.S.A. 39:4-64 prohibits the throwing or dropping of any object from a moving vehicle. Plaintiff, North Jersey, is an authorized New Jersey corporation which owns and publishes a bi-weekly newspaper known as “The Suburban News.” Defendant, Kenilworth, is a New Jersey municipal corporation. Plaintiff contends that to the extent N.J.S.A. 39:4-64 is…