Not a Lexis Advance subscriber? Try it out for free.

Mack Paramus Co. v. Paramus

Supreme Court of New Jersey

March 3, 1986, Argued ; July 23, 1986, Decided

No. A-101

Opinion

 [*565]  [**1180]   This appeal poses once again an issue involving the validity of regulations governing permissible activities on Sunday. This form of government regulation, commonly referred to as Sunday  [*566]  closing or Sunday blue laws, has been the subject of recurrent legislative and judicial treatment. The question in this case is whether and to what extent municipalities can enact local Sunday blue law ordinances that prohibit particular activities on Sunday in a manner different from that expressed by the State's [***2]  statutory Sunday blue law.

Legal challenges were brought to contest the validity of the Sunday blue law ordinances in two municipalities, Paramus and Midland Park. Unlike earlier cases, such as Two Guys From Harrison, Inc. v. Furman, 32 N.J. 199 (1960), Masters-Jersey, Inc. v. Paramus, 32 N.J. 296 (1960), and Vornado, Inc. v. Hyland, 77 N.J. 347 (1978), the present legal attacks are not based on equal protection or other constitutional grounds. The actions here focus solely on whether the State has foreclosed through statutory preemption any power on the part of municipalities to enact local Sunday blue law regulations. The basis for the current challenge is the incorporation of the State's Sunday blue law, L.1959,  [**1181]  c. 119; N.J.S.A. 2A:171-5.8 to -5.18 (Chapter 119), as part of the New Jersey Code of Criminal Justice, N.J.S.A. 2C:1-1 to :98-4, which also included a general provision for the preemption of any local criminal ordinances that conflict with any of the provisions or policies of the Code. N.J.S.A. 2C:1-5(d).

] The State's statutory Sunday blue law, as incorporated in the Code, restricts the sale on Sunday of only [***3]  five categories of goods. N.J.S.A. 2A:171-5.18. 1 [***4]  ] The provisions of the State law are not operative unless the voters of a county adopt the State  [*567]  law by referendum, upon which the statutory prohibition will be applicable on a county-wide basis. N.J.S.A. 2A:171-5.12. The voters in Bergen County, in which Midland Park and Paramus are located, have adopted the State Sunday blue law. However, each of these municipalities has enacted a more stringent ordinance, prohibiting virtually all business activities on Sunday, with limited exceptions. 2 The asserted differences between these broad local regulations and the State's narrow Sunday blue law have prompted the current litigation.

Read The Full CaseNot a Lexis Advance subscriber? Try it out for free.

Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.

103 N.J. 564 *; 511 A.2d 1179 **; 1986 N.J. LEXIS 976 ***

MACK PARAMUS CO., MACK PARAMUS AFFILIATES, MACK DEVELOPMENT COMPANY AND MACK PARAMUS PARKWAY CO., PARTNERSHIPS OF THE STATE OF NEW JERSEY, AND MACK DEVELOPMENT CORP. AND PARAMUS OFFICE PARK, INC., CORPORATIONS OF THE STATE OF NEW JERSEY, PLAINTIFFS-RESPONDENTS, v. THE MAYOR AND COUNCIL OF THE BOROUGH OF PARAMUS, DEFENDANT-APPELLANT, AND EXCELSIOR PANBRO COMPANIES, INC., T/A MIDLAND PARK FOODTOWN, INTERVENOR-RESPONDENT

Subsequent History: Later proceeding at Mack Paramus Co. v. Paramus, 228 N.J. Super. 234, 549 A.2d 474, 1988 N.J. Super. LEXIS 392 (N.J. Super. Ct., 1988)

Prior History:  [***1]  On certification to the Superior Court, Appellate Division, whose opinion is reported at 201 N.J. Super. 508 (1985).

Mack Paramus Co. v. Paramus, 201 N.J. Super. 508, 493 A.2d 593, 1985 N.J. Super. LEXIS 1325 (N.J. Super. Ct., 1985)

CORE TERMS

municipalities, ordinance, regulation, blue laws, provisions, preemption, revision, repealed, state policy, preempted, statewide, enact, ban, criminal law, prohibitions, referendum, state law, recreation, authorize, municipal regulation, inclusion, loitering, closings, selling, worldly, regulatory scheme, local ordinance, subject matter, state statute, principles

Governments, Legislation, Types of Statutes, Sunday Closing Laws, Types of Statutes, Local Governments, Elections, Enactment, Initiative & Referendum, Ordinances & Regulations, Business & Corporate Law, Nonprofit Corporations & Organizations, General Overview, Real Property Law, Landlord & Tenant, Rent Regulation, State & Territorial Governments, Relations With Governments, Criminal Law & Procedure, Possession of Weapons, Unregistered Firearm, Elements