Burgan & Walker, Inc. v. State Highway Commission

Plaintiff, as a taxpayer and as a licensed dealer and distributor of gasoline and motor fuels, seeks to enjoin the defendants from expending public funds and from holding a statewide election as purported to be authorized by Chapter 217 of the Laws of 1943, and in general from giving effect to that chapter. The contention is that in various respects, some of which are hereinafter discussed, the chapter is unconstitutional or otherwise ineffective. The defendants’ appearance is by demurrer and by answer not raising any issues of fact.

The chapter is known as “Referendum Measure No. 47” and its…