Gilbert v. Town of Irvington

The opinion of the court was delivered by

Wacheneeld, J.

This is an action in lieu of prerogative writ contesting the validity of an ordinance of the Town of Irvington which establishes a license fee of $100 per year for each coin-operated milk vending machine operated within the town limits.

The judgment below directed the entry of judgment in favor of the defendant, and we granted certification prior to argument in the Appellate Division.

The plaintiffs are engaged in the retail sale and distribution of milk to the public through coin-operated milk vending machines, and during August and…