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MESSINA v. MAYOR AND COUNCIL OF LODI

18 N.J. Super. 503 (1952)

87 A.2d 729

SALVATORE MESSINA, PLAINTIFF-APPELLANT, v. THE MAYOR AND COUNCIL OF THE BOROUGH OF LODI, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 1, 1952.

Attorney(s) appearing for the Case

Mr. Martin Klughaupt argued the cause for appellant.

Mr. Alfred D. Schiaffo argued the cause for respondent (Mr. John M. Di Maria, attorney).

Before Judges McGEEHAN, JAYNE, and GOLDMANN.

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

On August 13, 1934, the Mayor and Council of the Borough of Lodi duly passed an ordinance entitled "An ordinance to provide for licensing junk shopkeepers and junk dealers and regulating the place and manner in which such business shall be conducted." Section 1 of the ordinance reads:

"Section 1. No person, firm or corporation shall place or permit to be placed, store or permit to be stored, gather in...

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