Legal Opinion
Fasino v. Mayor & Members of Borough Council of Montvale
New Jersey Superior Court Appellate Division
Decided January 29, 1973PublishedCited by 14 opinions
1Opinion of the Court
Pashman, A. J. S. C.
The question for decision is the constitutionality of an ordinance approved by Montvale.
The parties present this simple and undecided question: Is the ordinance of Montvale regulating opening and closing hours of retail business establishments valid?
My answer is no. This is not a constitutional exercise of the police power.
Plaintiffs are the owners and operators of a Seven-Eleven grocery store located within the Borough of Montvale. Their store is not a large supermarket but rather a small convenience store where customers can pick up last-minute items such as milk, eggs,…
2Cases cited22 opinions
- Nebbia v. New YorkSupreme Court of the United States · 1934
- Kovacs v. CooperSupreme Court of the United States · 1949
- Barbier v. ConnollySupreme Court of the United States · 1884
- Soon Hing v. CrowleySupreme Court of the United States · 1885
- People v. KucNew York Court of Appeals · 1936
17 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Cash Inn of Dade, Inc., a Florida Corporation, D/B/A Cash U.S.A. North v. Metropolitan Dade County, a Political Subdivision of the State of FloridaCourt of Appeals for the Eleventh Circuit · 1991
- Quick Chek Food Stores v. Township of SpringfieldSupreme Court of New Jersey · 1980
- Dock Watch Hollow Quarry Pit v. Tp. of WarrenNew Jersey Superior Court Appellate Division · 1976
- Hudson Circle Servicenter, Inc. v. KearnySupreme Court of New Jersey · 1976
- Value Oil Company v. Town of IrvingtonNew Jersey Superior Court Appellate Division · 1977
9 more not listed; retrieve them via the Exa API.