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Schad v. Borough of Mount Ephraim

United States Supreme Court
452 U.S. 61 (1981)


Facts

In 1973, Schad (defendant) opened an adult bookstore in the Borough of Mount Ephraim (Mount Ephraim) (plaintiff). In 1976, Schad installed coin-operated devices allowing customers to watch live nude dancing. The live entertainment services were deemed to be in violation of Mount Ephraim’s commercial zoning ordinance. The ordinance contains an exhaustive list of permissible commercial uses and did not include live entertainment. The Municipal Court found Schad guilty of violating the ordinance. Schad appealed to the Appellate Division of the Superior Court of New Jersey, which affirmed. Schad petitioned the United States Supreme Court for certiorari, which was granted.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

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Issue

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Holding and Reasoning (White, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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