S. E. Nichols Herkimer Corp. v. Village of Herkimer

Stewart F. Hancock, Jr., J.

The question to be determined is the validity of an ordinance of the Village of Herkimer adopted on June 7, 1971, regulating commercial and business activities on Memorial Day and Independence Day by restricting the selling of articles, between the hours of 10:30 a.m. and 3:30 p.m., to certain enumerated items such as tobacco, farm products and food for on-premises consumption.

Plaintiff, a chain store located in Herkimer, has commenced this action seeking a declaration that the ordinance is invalid upon the ground that the Board of Trustees of the village, in…