Environmental DueProcess FirstAmendment FifthAmendment Takings JusticiabilityDoctri
Can New Jersey courts provide cover to racial discrimination by imposing strict criminal liability under a vague ordinance used for revenue generation that criminalizes recycling?
QUESTION(S) PRESENTED I. Can New Jersey courts provide cover to racial : discrimination by imposing strict criminal liability—even when there is no public nuisance or any compromising of public safety, . or health— under a vague ordinance used for revenue generation that criminalizes recycling and requires Petitioner to create a public hazard by dumping loose leaves and recyclable debris/mulch on active roadways: all to raise ; revenue from singled out minority Petitioner by dispensing with Due Process? ; Il. Is it a taking when New Jersey’s regulation enforcement vests unfettered discretion in State actors to single out Petitioner for deprivation of meaningful control over his property taken as a whole in order to impose public burdens, such as raising revenue, which, in all fairness and justice, should be borne by the public as a whole un '