Abelson’s, Inc., Monroe Smallzman and Harold P. Selbert, Plaintiffs-Appellants v. New Jersey State Board of…

Summary

The Supreme Court of New Jersey affirmed the lower court's judgment, upholding most provisions of the 1948 optometry act while striking down the vague delegation provision that allowed the Board to suspend licenses based on its own opinion. The Court held that a declaratory‑judgment action to restrain a state agency is not a suit against the State for sovereign‑immunity purposes, and that the police‑power regulations at issue are constitutionally permissible except where they are unconstitutionally vague.