Vornado, Inc. v. Hyland

390 A.2d 606, 77 N.J. 347, 1978 N.J. LEXIS 213
CourtSupreme Court of New Jersey
DecidedJuly 18, 1978
StatusPublished
Cited by42 cases

This text of 390 A.2d 606 (Vornado, Inc. v. Hyland) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vornado, Inc. v. Hyland, 390 A.2d 606, 77 N.J. 347, 1978 N.J. LEXIS 213 (N.J. 1978).

Opinions

The opinion of the court was delivered by

Conford, P. J. A. D.

(temporarily assigned). Pending appeal in the Superior Court, Appellate Division, this Court granted direct certification to review a holding by the Superior Court, Law Division, 148 N. J. Super. 343, that the classification of merchandise forbidden to be sold on Sunday under and pursuant to the Sunday Closing Law, N. J. S. A. 2A:171-5.8 et seq. (L. 1959, c. 119), in counties opting for the statute by referendum, is “not reasonably related to the presumed purpose of the statute and is, hence, unconstitutionally arbitrary.” 148 N. J. Super, at 360. The assumption must be that the constitutional defect discerned was the denial of equal protection of the laws, as the ruling purports to decide the question left open for factual exploration in our decision in Two Guys from Harrison, Inc. v. Furman, 32 N. J. 199 (1960) ("Two- Guys” hereinafter). That issue was denial of equal protection. See id. at 211, 222.

The Sunday Closing Law was held in Two Guys to supersede and replace the 1951 revision of earlier Sunday closing legislation which comprehensively prohibited all Sunday employment or business except for works of necessity or charity. N. J. S. '2A:171-1 et seq. The 1951 revision contained only a $1 penalty for any violation. The present statute, adopted in 1959, provided that it should be effective [351]*351only in counties which chose to adopt it by referendum, and prohibited Sunday sale of only (1) clothing or wearing apparel; (2) building and lumber supply materials; (3) furniture; (4) home, business or office furnishings; and (5) household, business or office appliances. Substantial penalties were provided for violation. The law is presently effective in ten of the twenty-one counties.

Two Guys sustained the Sunday Closing Law against attack on grounds of violation of the constitutional ban against union of State and Church in both the federal and state constitutions. 32 N. J. at 226. It found adequate secular legislative objects for Sunday closing legislation in (1) relief from uninterrupted labor for seven days a week; and (2) eliminating or reducing interference with the ambiance of Sunday as a generally accepted common day for rest, relaxation, relief from everyday tensions and recreation (hereinafter, the “rest and relaxation object”). 32 N. J. at 215-216. However, the first basis was determined not to be rationally related to the classification of the Sunday Closing Law as it was relevant to all workers, not peculiarly those engaged in selling the five categories of proscribed merchandise. Id. at 218-219. The Court went on to hold the law facially valid from the standpoint of the rest and relaxation objective, but reversed a summary judgment dismissing the constitutional attack as related to that statutory purpose, ruling that while it might indeed “be difficult for plaintiffs to maintain their heavy burden of proof * * * they may not be denied an opportunity to try.” Id. at 230.

The plaintiffs in the present case, who comprise the corporate successor of the plaintiff in the Two Guys case and certain of its employees, purport now to have adduced the proof requisite to establish the denial of equal protection not found as a matter of law in Two Guys. The trial court concluded that they were successful in that endeavor. We granted certification while the matter was pending unheard in the Appellate Division, 75 N. J. 584 (1977). We are constrained to disagree, and we reverse. We find trial error [352]*352in two broad respects: (a) with respect to the court’s conception of the nature of the judicial responsibility vis a vis that of the Legislature in this area; and (b) with regard to the adequacy of the proofs submitted by plaintiffs to negate all reasonably conceivable purposes or objects for the statutory classification.

We find no merit in the cross-appeal of plaintiffs addressed to alleged vagueness of the statute and to the asserted selective and discriminatory enforcement thereof. We agree with the trial court’s rejection of those contentions. See 148 N. J. Super, at 361-362.

I

Before examining the evidence in the case before us and the rationale of the trial court in holding it sufficient to invalidate the Sunday Closing Law, it is well to be reminded of certain cardinal principles required to be followed by the judiciary in passing upon the question as to whether a statutory classification of subject matter is invalid as a denial of the equal protection of the laws. Apart from the general presumption of constitutionality which attends every statute, the heart of .the applicable criterion was expressed in WHYY Inc. v. Glassboro, 50 N. J. 6, 13 (1967), rev’d 393 U. S. 117, 89 S. Ct. 286, 21 L. Ed. 2d 242 (1968),1 as follows:

The Legislature is presumed to have a valid classification in mind. Distinctions will be presumed to rest upon a rational basis if there be any conceivable state of facts which would afford reasonable support for them, (emphasis added).

The formidable nature of the burden resting on those who would establish the invalidity of a statutory classification in [353]*353an equal protection context is well delineated in N. J. Restaurant Ass’n. v. Holderman, 24 N. J. 295, 300 (1957), as quoted in Two Guys (32 N. J. at 218), as follows:

The burden of demonstrating that a statute contravenes the equal protection clause is extremely formidable, as is attested by the long trail of failure. In addition to the strong presumption of constitutionality with which all organic challenges are approached, one who assails a statute on this ground must contend with principles of unusual elasticity. It is easily stated that the classification (1) must not be palpably arbitrary or capricious, and (2) must have a rational basis in relation to the specific objective of the legislation. But the second proposition is qualified by limitations which compound the difficulties of one who assails the legislative decision. Thus it is not enough to demonstrate that the legislative objective might be more, fully achieved by another, more expansive classification, for the Legislature may recognize degrees of harm and hit the evil where it is most felt. [Citations omitted.] The Legislature may thus limit its action upon a decision to proceed cautiously, step by step, or because of practical exigencies, including administrative convenience and expense, * * * or because of “some substantial consideration of public policy or convenience or the service of the general welfare.” De Monaco v. Renton, 18 N. J. 352, 360 (1955). Hence it may “stop short of those cases in which the harm to the few concerned is thought less important than the harm to the public that would ensue if the rule laid down were, made mathematically exact.” Dominion Hotel, Inc. v. State of Arizona, supra (249 U. S. [265] at page 268, 39 S. Ct. [273] at page 274 [63 L. Ed. 597]). * * *”

Chief Justice Weintraub went on in Two Guys, supra, to say (32 N. J. at 219) :

As stated in Holderman,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Henry v. New Jersey Department of Human Services
9 A.3d 882 (Supreme Court of New Jersey, 2010)
Lewis v. Harris
875 A.2d 259 (New Jersey Superior Court App Division, 2005)
Harleysville Insurance Companies v. Garitta
785 A.2d 913 (Supreme Court of New Jersey, 2001)
Dynasty, Inc. v. Princeton Insurance
754 A.2d 1137 (Supreme Court of New Jersey, 2000)
Epstein v. State
709 A.2d 1353 (New Jersey Superior Court App Division, 1998)
D.J.L. v. Armour Pharmaceutical Co.
704 A.2d 104 (New Jersey Superior Court App Division, 1997)
Ran-Dav's County Kosher, Inc. v. State
608 A.2d 1353 (Supreme Court of New Jersey, 1992)
Mack Paramus Co. v. Mayor of Paramus
549 A.2d 474 (New Jersey Superior Court App Division, 1988)
MacK Paramus Co. v. Mayor and Council
511 A.2d 1179 (Supreme Court of New Jersey, 1986)
Retail Merchants Ass'n of Houston v. Handy Dan Hardware, Inc.
696 S.W.2d 44 (Court of Appeals of Texas, 1985)
Township of Mahwah v. Bergen County Board of Taxation
486 A.2d 818 (Supreme Court of New Jersey, 1985)
Estate of Lansing v. State
6 N.J. Tax 137 (New Jersey Tax Court, 1983)
State v. Ludlow Supermarkets, Inc.
448 A.2d 791 (Supreme Court of Vermont, 1982)
Chamber of Commerce of the United States v. State
445 A.2d 353 (Supreme Court of New Jersey, 1982)
Gallagher v. Mayor of Irvington
445 A.2d 477 (New Jersey Superior Court App Division, 1982)
Atlantic Cape May Package Store Ass'n v. State
3 N.J. Tax 468 (New Jersey Tax Court, 1981)
Powder Mill I Associates v. Township of Hamilton
3 N.J. Tax 439 (New Jersey Tax Court, 1981)
Allstate Insurance v. Skolny
429 A.2d 1045 (Supreme Court of New Jersey, 1981)
State v. Galiyano
429 A.2d 385 (New Jersey Superior Court App Division, 1981)
Levine v. STATE, DEPT. OF INSTITUTIONS & AGENCIES
418 A.2d 229 (Supreme Court of New Jersey, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
390 A.2d 606, 77 N.J. 347, 1978 N.J. LEXIS 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vornado-inc-v-hyland-nj-1978.