MUNICIPAL ORDINANCE - NEW JERSEY

Fullbrook v. Mayor, Members of City Council of City of Camden

Superior Court of New Jersey, Appellate Division - November 7, 2013 - Not Reported in A.3d - 2013 WL 5942128

7–Eleven and others brought an application to set aside a city ordinance adopted by the City of Camden. The ordinance regulated the hours of operation of certain businesses located within 200 feet of a residential zone.

Plaintiff challenged the ordinance as an arbitrary and unreasonable exercise of the City’s police powers.  Plaintiffs claimed the ordinance bore no “reasonable and substantial relationship to the public interest to be advanced thereunder.”

Following a bench trial, the trial court found the Ordinance represented a valid exercise of the City’s police power and dismissed the action.  The appeals court agreed and affirmed.



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