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GROSS v. ALLAN

37 N.J. Super. 262 (1955)

117 A.2d 275

JULIA GROSS, ARTHUR GROSS AND MOE GROSS, PLAINTIFFS-APPELLANTS, v. DONALD ALLAN, TOWN CLERK OF THE TOWN OF KEARNY, CHARLES F. WARREN, BUILDING INSPECTOR, FRANK P. RIZZOLO, SUPERINTENDENT, FIRE PREVENTION BUREAU, TOWN COUNCIL OF THE TOWN OF KEARNY, AND THE TOWN OF KEARNY, A MUNICIPAL CORPORATION IN THE COUNTY OF HUDSON, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 17, 1955.

Attorney(s) appearing for the Case

Mr. Ralph W. Chandless argued the cause for plaintiffs-appellants (Messrs. Chandless, Weller and Kramer, attorneys).

Mr. Robert J. McCurrie argued the cause for defendants-respondents.

Before Judges GOLDMANN, FREUND and CONFORD.

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

The somewhat aberrant proceedings which culminated in this appeal had their inception in a complaint in lieu of prerogative writ demanding that the town authorities of Kearny issue to plaintiffs a license to sell motor vehicles on a plot upon which they conduct an automobile service station. The license was sought under the terms of a 1946 ordinance licensing and regulating "the business of selling or storing...

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