Whirl-O-Ball, Inc. v. City of Asbury Park

The opinion of the court was delivered by

McGeehan, J.

On March 19th, 1946, a resolution was adopted by the mayor and council of the City of Asbury Park, whereby certain boardwalk premises known as stores Nos. 1310-16 Boardwalk were leased by the defendant city to the defendant Benjamin A. Cardilla, trading as Convention Hall Amusements, for a term of three years commencing January 1st, 1946, and ending December 31st, 1948, at an annual rental of $8,800. The prosecutor-respondent Whirl-O-Ball, Inc., in which the individual prosecutors are stockholders, occupied the premises under a lease from…