City of Elizabeth v. Aydlett

The plaintiff is a municipal corporation. Private Laws 1923, ch. 15. The defendant, a resident thereof, is the owner of a lot situated on the northwest corner of Main and Road streets. In July, 1928, the board of aldermen passed an ordinance prohibiting the construction or maintenance of filling stations within specified municipal areas. The defendant’s lot is within a district from which filling stations were excluded by the terms of this ordinance. Sometime before September, 1929, the defendant applied to the proper authorities of the city for permission to build a filling station on his…