Friedman v. Maines

The prosecutor was convicted of a violation of an ordinance of the borough of Eairlawn concerning junk and junk yards, and was fined $150 and costs.

Of the many grounds urged for reversal, the following need only be considered.

Section 3 of the ordinance in question provides: “Application for such license shall be made to the mayor and common council of the borough of Eairlawn in writing, and such application shall be signed by at least seventy per cent, of the property owners owning property within a radius of three hundred feet of such junk yard.” This section places the power to grant…