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ANTHONY v. REA

22 N.J. Super. 452 (1952)

92 A.2d 100

JOHN ANTHONY AND JANE G. ANTHONY, INDIVIDUALLY AND AS PARTNERS TRADING AS TWIN BAR, AND GLOUCESTER CITY LICENSED BEVERAGE ASSOCIATION, AN UNINCORPORATED ASSOCIATION, PLAINTIFFS-APPELLANTS, v. PHILIP V. REA, MAYOR OF THE CITY OF GLOUCESTER CITY, NEW JERSEY; MESSRS. ROBERT D. BOBO, WILLIAM BOWE, BENJAMIN B. FOSTER, WILLIAM FRITZ, JOHN LINCOLN, FRANK McQUAID, JOHN OVERNACK, ROBERT LUKER AND THOMAS SULLIVAN, MEMBERS OF THE COMMON COUNCIL OF GLOUCESTER CITY, CAMDEN COUNTY, NEW JERSEY; MARION T. CONNELLY, ACTING CITY CLERK OF GLOUCESTER CITY, CAMDEN COUNTY, NEW JERSEY; AND FRANK J. SUTTILL, COUNTY CLERK OF CAMDEN COUNTY, NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 3, 1952.

Attorney(s) appearing for the Case

Mr. Samuel H. Nelson argued the cause for plaintiffs-appellants (Mr. Sidney Simandl, attorney).

Mr. William J. Shepp appeared for respondents Philip V. Rea, Mayor, and the Common Council of the City of Gloucester City (Mr. William E. Hughes, attorney).

Before Judges McGEEHAN, BIGELOW and JAYNE.

The opinion of the court was delivered by McGEEHAN, S.J.A.D.

On May 1, 1952, a petition was presented to the governing body of the City of Gloucester City requesting a referendum on the question "Shall the sale of alcoholic beverages be permitted on Sundays in this municipality?"; and on June 5, 1952, the Common Council of the City of Gloucester City passed a resolution directing the County Clerk of Camden County to...

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