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WEINER v. BOROUGH OF STRATFORD, COUNTY OF CAMDEN

15 N.J. 295 (1954)

104 A.2d 659

ROY WEINER, PLAINTIFF-APPELLANT, v. BOROUGH OF STRATFORD IN THE COUNTY OF CAMDEN, RALPH P. JONES, BOROUGH CLERK OF SAID BOROUGH, JOSEPH N. WARD, ET AL., MEMBERS OF THE BOROUGH COUNCIL OF SAID BOROUGH, AND EDWARD ARENTZEN, CHAIRMAN, ET AL., MEMBERS OF THE PLANNING BOARD OF SAID BOROUGH, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Argued March 29, 1954.

Decided May 3, 1954.

Attorney(s) appearing for the Case

Mr. Charles A. Cohen argued the cause for appellant (Mr. Isadore H. Herman, attorney).

Mr. Leighton J. Heller argued the cause for respondents.

The opinion of the court was delivered by WILLIAM J. BRENNAN, JR., J.

An ordinance of the defendant borough provides that no person may "engage in or carry on any business, trade or calling" in the borough except as he obtains a license from the borough clerk and pays an annual license fee. But an application for a license to conduct a new business is to be made not to the borough clerk but to the planning board "which shall...

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