Taxi's, Inc. v. Borough of East Rutherford
| Decision Date | 07 December 1978 |
| Citation | 164 N.J.Super. 160,395 A.2d 912 |
| Parties | TAXI'S, INC., Plaintiff-Respondent, v. BOROUGH OF EAST RUTHERFORD, Defendant-Appellant. |
| Court | New Jersey Superior Court — Appellate Division |
Alfred A. Porro, Jr., Lyndhurst, for defendant-appellant (Richard Macaluso, Lyndhurst, on the brief).
Thomas J. Barrett, River Edge, for plaintiff-respondent (no brief was filed on behalf of respondent).
Before Judges LYNCH, CRANE and HORN.
The judgment under review is affirmed essentially for the reasons expressed in the opinion of Judge Follender, reported at 149 N.J.Super. 294, 373 A.2d 717 (Law Div.1977). We also note the recent legislative enactment, N.J.S.A. 48:16-2, which states in pertinent part:
* * * No municipality located in a county of the first class with a population of less than 20,000 persons shall enact an ordinance establishing fees or other charges in excess of $50.00 for the right to operate an autocab. The provisions of any existing ordinance establishing fees or other charges in excess of this amount for each cab operated are null and void and any excess fee or charge shall be returned to the owner of the autocab. (Amended by L.1977, C. 218, § 1, eff. Sept. 13, 1977)
This appears to be applicable to defendant borough.
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...224 (App.Div.1985); Taxi's Inc. v. Borough of East Rutherford, 149 N.J.Super. 294, 373 A.2d 7179 (Law Div.1977), aff'd 164 N.J.Super. 160, 395 A.2d 912 (App.Div.1978). The fee for one machine is $10 for the initial permit and for each renewal thereafter. Presumably that fee was set high eno......
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Automatic Merchandising Council of New Jersey v. Edison Tp.
...See Taxi's Inc. v. Borough of East Rutherford, 149 N.J.Super. 294, 300, 303, 373 A.2d 717 (Law Div.1977), aff'd, 164 N.J.Super. 160, 395 A.2d 912 (App.Div.1978) (comparing $5 fee imposed on taxis by Hasbrouck Heights and $50 fee in Hackensack with $500 fee for the first license and $200 fee......