Search Rutgers Law Library N.J. Court Opinions

1 MILE SQUARE TOWING LLC v. CITY OF HOBOKEN -- rank: 1000

... s authorization to license and regulate towing services provided in N.J.S.A. 40:48-2.49, or impermissibly delegate authority to the director of Hoboken's ... from sole provider contracting "to the towing model authorized by N.J.S.A. 40:48-2.49." Ordinance No. Z-131. While Chapter 184 does not refer ... Hoboken adopted this ordinance pursuant to the authority granted in N.J.S.A. 40:48-2.49. In pertinent part, N.J.S.A. 40:48-2.49 authorizes licensing and regulation of those in the business of ... regulate the business of towing and storage of motor vehicles, N.J.S.A. 40:48-2.49. We consider them first. A Mile Square claims that Chapter ... the Predatory Towing Prevention Act. But the final paragraph of N.J.S.A. 40:48-2.49 states that operators licensed pursuant to an ordinance must ...

docket:	a6104-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-13
status:	unpublished
citation:
Document Size:	53556

2 /usr/local/share/www/libweb/collections/courts/appellate/a2546-16a5399-16a5668-16.opn.html -- rank: 894

... authority to adopt ordinances or resolutions to regulate towing companies. N.J.S.A. 40:48-2.49 to -2.54. Municipalities were authorized to: (1) establish 'schedule ... of fees or other charges' that towing companies could charge, N.J.S.A. 40:48-2.49(a); (2) 15 A-2546-16T4 designate a municipal officer or agency to enforce the ordinance or resolution, N.J.S.A. 40:48-2.49(c); and (3) adopt a procedure to receive complaints and ... statutory authority of municipalities to regulate towing of motor vehicles. N.J.S.A. 40:48-2.49. Specifically, that amendment clarified that the Towing Act applied to ... the Director under the Towing Act. Ibid. In that regard, N.J.S.A. 40:48-2.49 was amended to include the following provision: Nothing in this ... are not listed under the Towing Act's regulations. See N.J.S.A. 40:48-2.49. Thus, defendants were not permitted to charge an administrative ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	66771

3 THOMAS MAKUCH, LLC v. TOWNSHIP OF JACKSON -- rank: 743

... public and private property by 'operators engaged in such practice.' N.J.S.A. 40:48-2.49. If a municipality chooses to act, it must enact an ... regulate towing services does not create a property interest. See N.J.S.A. 40:48-2.49. That statute allows a municipality to adopt an ordinance and ... of the ordinance in accordance with due process of law.' N.J.S.A. 40:48-2.49(c). That reference to due process, does not relate to ... enforce the ordinance 'in accordance with due process of law.' N.J.S.A. 40:48-2.49(a) to (c). We, therefore, look to the Township's ... lists. That discretion is circumscribed by certain clearly delineated guidelines. N.J.S.A. 40:48-2.49 expressly states that municipal ordinances can only establish regulations that ...

docket:	a3679-20
court:	NJ Superior Court Appellate Division
decided:	2023-07-03
status:	Published
citation:
Document Size:	47024

4 MICHAEL BESSASPARIS v. THE TOWNSHIP OF BRIDGEWATER -- rank: 601

... 59:1-1 to 12-3 (the TCA)] apply,' citing N.J.S.A. 40:48-2.49, a statute that allows a municipality to regulate by ordinance ... the complaint. The court held that TCA immunities applied, citing N.J.S.A 40:48-2.49 and quoting N.J.S.A. 59:2-5. As ...

docket:	a1040-19
court:	NJ Superior Court Appellate Division
decided:	2021-05-06
status:	Unpublished
citation:
Document Size:	41772

5 /usr/local/share/www/libweb/collections/courts/appellate/a0620-20.opn.html -- rank: 585

... the New Jersey Constitution. Plaintiff further alleged the ordinance violated N.J.S.A. 40:48-2.49 by unlawfully discriminating against towing operators located outside of Gloucester ... the purpose of the ordinance is to establish[,] pursuant to N.J.S.A. 40:48-2.49, an orderly system to provide for towing services for removal ... rotating basis by the Police Department. A-0620-20 3 N.J.S.A. 40:48-2.49 authorizes municipalities to 'regulate, by ordinance, the removal of motor ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	22004

6 M.T.S. TOWING, INC v. TOWNSHIP OF UNION -- rank: 578

... by the Township's ordinance. We affirm. I. Pursuant to N.J.S.A. 40:48-2.49, municipalities in New Jersey are authorized to regulate by ordinance ... granted by the Township is three calendar years. Consistent with N.J.S.A. 40:48-2.49's 'non-exclusionary' requirement, the licenses are not exclusive, and ... authority delegated by the A-2911-17T3 9 Legislature in N.J.S.A. 40:48-2.49, and is non-discriminatory and non- exclusionary in nature. Judge ...

docket:	a2911-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-25
status:	Unpublished
citation:
Document Size:	18248

7 SEVELL'S AUTO BODY CO INC v. BOROUGH OF ROSELLE PARK -- rank: 572

... the rates and charges set by the municipality pursuant to [N.J.S.A. 40:48-2.49 ]." (Emphasis added). 2 The Borough ascertained the name and address ...

docket:	a2899-10
court:	NJ Superior Court Appellate Division
decided:	2013-02-07
status:	unpublished
citation:
Document Size:	25119

8 Bernice Pisack v. BC Towing, Inc. -- rank: 549

... adopted pursuant to section 1 of L. 1979, c. 101 ([ N.J.S.A.] 40:48-2.49) or the rate specified in the towing company’s tariff ...

docket:	a-17-18-18
court:	NJ Supreme Court
decided:	2020-01-16
status:
citation:
Document Size:	65721

9 GEORGE HARVEY v. TOWNSHIP OF DEPTFORD -- rank: 529

... to the Court to compel Deptford to remove the vehicles." N.J.S.A. 40:48-2.49 provides in pertinent part, [A] municipality may regulate, by ordinance ...

docket:	a3187-06
court:	NJ Superior Court Appellate Division
decided:	2008-08-08
status:	published
citation:	402 N.J.Super. 156 952 A.2d 115
Document Size:	53502

10 CHAYIM GOODMAN v. THE TOWNSHIP OF LAKEWOOD -- rank: 523

... flow of traffic as free as possible, as authorized by N.J.S.A. 40:48-2.49. All towing operators while on duty shall operate as independent ... amended ordinance does not exceed the regulatory authority conferred by N.J.S.A. 40:48-2.49. Unlike the ordinance invalidated in DeFalco Instant Towing, Inc. v ...

docket:	a2436-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-13
status:	unpublished
citation:
Document Size:	20833

11 DeFALCO INSTANT TOWING, INC., et al. v. BOROUGH OF NEW PROVIDENCE -- rank: 519

... because it is unlawfully discriminatory and exclusionary in violation of N.J.S.A. 40:48-2.49 and N.J.S.A. 40:48-2.49 authorizes a municipality to "regulate, by ordinance, the removal of ... favor of towing businesses located within the Borough, thereby violating N.J.S.A. 40:48-2.49 and 149 N.J. Super. 294, 313 (Law Div. 1977 ...

docket:	a4480-03
court:	njappellate
decided:	2005-09-08
status:	published
citation:	380 N.J. Super. 152
Document Size:	41122

12 RICHARD DEMARCO v. TOWNSHIP OF PISCATAWAY -- rank: 493

... that the Township does not now seek them. Pursuant to N.J.S.A. 40:48-2.49: a municipality may regulate, by ordinance, the removal of motor ...

docket:	a3904-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-01
status:	unpublished
citation:
Document Size:	55757

13 JERSEY JML, INC. v. TOWNSHIP OF LITTLE FALLS -- rank: 457

... Township of Little Falls (Township) has adopted ordinances pursuant to N.J.S.A. 40:48-2.49 to regulate the provision of motor vehicle towing and storage ...

docket:	a4933-14
court:	NJ Superior Court Appellate Division
decided:	2016-10-20
status:	unpublished
citation:
Document Size:	32142

14 L & M CORPORATION v. TOWNSHIP OF WEST ORANGE -- rank: 427

... ordinance goes beyond the intended scope of the (indiscernible) statute. N.J.S.A. 40:48-2.49 provides, "[a] municipality may regulate by ordinance the removal of ... was based on the apparent intent of the enabling statute, N.J.S.A. 40:48-2.49, to give broad discretion to municipalities to regulate the business ...

docket:	A3185-06
court:	NJ Superior Court Appellate Division
decided:	2008-03-11
status:	unpublished
citation:
Document Size:	44036