Devlin v. Mayor & Council

This appeal presents us with the issue of the validity of a municipal Sunday closing ordinance in relation to the differing provisions of State law governing activities on Sunday. The issue to be decided is virtually identical to that decided today in Mack Paramus Co. v. Mayor and Council of Paramus, 103 N.J. 564 (1986).

The local regulation is an ordinance of the City of Ocean City. Ocean City is a resort municipality located upon a barrier island *589in Cape May County. Its population of approximately 15,000 swells to nearly 125,000 on summer weekends. In 1963 the citizens of Ocean City adopted…