Legal Opinion
Borough of Dumont v. Caruth
New Jersey Superior Court Appellate Division
Decided March 6, 1973PublishedCited by 3 opinions
1Opinion of the Court
Pashman, A. J. S. 0.,
Temporarily Assigned. Defendants were charged by the Borough of Dumont with violating Ordinance #536, Chapter 2-31, in that they were present on June 6, 1972 at 11:06 p.m. in a Borough park located at 15 New Street in Dumont after the 11:00 p.m. curfew.
The ordinance in question adopted rules and regulations regarding the use of Borough parks and the facilities therein. One of the regulations provides that “[n]o person may remain, stay or loiter in a park between the hours of 11 o’clock p.m. and sunrise.” The foregoing facts have been stipulated.
In challenging the validity…
2Cases cited5 opinions
- Haguer v. Committee for Industrial OrganizationSupreme Court of the United States · 1939
- Shuttlesworth v. City of BirminghamSupreme Court of the United States · 1966
- Davis v. MassachusettsSupreme Court of the United States · 1897
- Hague v. Committee for Industrial OrganizationCourt of Appeals for the Third Circuit · 1939
- Committee for Industrial Organization v. HagueDistrict Court, D. New Jersey · 1938
3Cited by3 opinions
- Bor. of Avalon v. Nj Dept. of Environmental ProtectionNew Jersey Superior Court Appellate Division · 2008
- BD. OF REC. COMM'RS, BOROUGH OF RUTHERFORD v. Borough of RutherfordNew Jersey Superior Court Appellate Division · 1979
- Sente v. Mayor and Mun. Coun. CliftonSupreme Court of New Jersey · 1974