# Vornado, Inc. v. Hyland

> Supreme Court of New Jersey · July 18, 1978 · 77 N.J. 347

URL: https://www.frixlaw.com/law-library/cases/9754929

## Case

- **Full name:** Vornado, Inc., a Corporation of the State of Delaware, T/A Two Guys, Et Al., Plaintiff-Repondent-Cross-Appellant, v. William F. Hyland, Attorney General of the State of New Jersey, Defendant-Respondent, and City of Hackensack, Town of Kearny and Menswear Retailers of New Jersey, Inc., Defendants-Appellants-Cross-Respondents, and Borough of Lodi, City of Garfield, Township of North Bergen and City of Vineland, Defendants
- **Court:** Supreme Court of New Jersey
- **Decided:** July 18, 1978
- **Citations:** 77 N.J. 347; 390 A.2d 606; 1978 N.J. LEXIS 213
- **Precedential status:** Published
- **Opinion:** Concurrence by Sullivan
- **Judges:** Conford, Sullivan, Pashman
- **Cited by:** 27 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9754929

## Opinion text

Sullivan, J.
(concurring). As the majority opinion notes, the constitutionality of Sunday closing legislation has been consistently upheld. My problem is with the classifications of goods which may not be sold at retail in those counties of the State which have adopted the provisions of the statute by referendum vote.
Because of the generality of the classifications made, I doubt whether, realistically, the law is capable of enforcement against those retail businesses which are more interested in circumventing the statute than in attempting to comply with its provisions. Despite these doubts, I would uphold the statute as written. Fot only does it represent a declaration of legislative policy, but, as noted, becomes operative in a county only when adopted by the people by referendum vote. In the ten counties in which the statute is presently in effect, there is always the right to have the question of the applicability of the statute resubmitted to the electorate at the next general election.
If retail businesses are confronted with problems in the interpretation and application of the statutory classifications, this is a matter for legislative attention. The judiciary should not attempt to impose its own concept of what is socially desirable. Subject to the foregoing, I join in the majority opinion. Justice Clifford joins in this opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9754929. Public record. Not legal advice.