Weiner v. Borough of Stratford, County of Camden

The opinion of the court was delivered by

William J. Brennan, Jr., J.

An ordinance of the defendant borough provides that no person may “engage in or carry on any business, trade or calling” in the borough except as he obtains a license from the borough clerk and pays an annual license fee. But an application for a license to conduct a new business is to be made not to the borough clerk but to the planning board “which shall forward its findings with its recommendations to the Borough Council” and “the Council shall decide on granting or denying the license.”

Plaintiff proposes to conduct an…