New Jersey Superior Court Appellate Division January 29, 1973 (Fasino v. Mayor & Members of Borough Council of Montvale)

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.