Italiano v. Town & Village of Harrison

The complaint alleges, among other things, that plaintiff, a licensed peddler, has been denied his property rights without due process of law by defendant’s adoption of a resolution restricting all parking and standing along the thoroughfare where plaintiff has operated a mobile frankfurter stand. It is further alleged that the resolution is designed for purposes other than public health, safety or general welfare and that there has been no record of automobile collisions or increased risks as a result of the presence of peddlers at the prohibited location to serve as a rational basis for its…