Earrusso v. Township of East Hanover

*97The opinion of the court was delivered by

Case, J.

Prosecutors, by writ of certiorari, challenge the legality of an ordinance adopted in 1931 by the township committee of the township of East Hanover. The ordinance prohibits the dumping, depositing or placing in the township of East Hanover of any garbage collected outside of that township and provides a penalty for violation.

Prosecutors own a tract of isolated farm and swamp land whereon they conduct a piggery. To those premises the prosecutors have for many years—antedating the passage of the ordinance—carted refuse, ashes and garbage. In…