Independent Pennsylvania Oil Co. v. Mayor of Gloucester

The opinion of the court was delivered by

Parker, J.

This writ of certiorari brings up an ordinance of the city of Gloucester, adopted December 14th, 1933, and which the prosecutor maintains is invalid and should be set aside. The delay of two years and more in attacking it is not explained, although it does appear that there has been some Chancery litigation between the prosecutor and the city.

The ordinance in question seems to be based on the powers conferred by the “Home Rule act” (Pamph. L. 1917, pp. 319 et seq.), in article 14, section 1, paragraph (p) (at p. 354) : “To regulate the use,…