Carmody v. City of Elmira

A penal ordinance of the city of Elmira provides in substance that bowling alleys shall not be operated unless licensed by the mayor, and in no event on Sunday or between midnight and seven o’clock a. m. on week days.

The petition alleges that Anthony Rossi is operating bowling alleys without such license, that demand was made upon a captain of the Elmira police department that said ordinance be enforced *917against said Rossi but that no action was taken. The petitioners further allege that they are taxpayers owning residential property adjoining said bowling alleys. They ask that the respondents…