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Intrastate Oil Co. v. Board of Commissioners

New Jersey Supreme Court


Decided: September 27, 1933.

INTRASTATE OIL COMPANY, A CORPORATION OF NEW JERSEY, RELATOR-APPELLANT,
v.
THE BOARD OF COMMISSIONERS OF THE CITY OF ORANGE, BUILDING AND PLUMBING INSPECTOR, THOMAS DOWLING, AND CITY CLERK WILLIAM F. CHRISTIANSEN, RESPONDENTS

On appeal from the Supreme Court, whose opinion is printed in 11 N.J. Mis. R. 89.

For the appellant, Palmieri & Palmieri (William Herda Smith).

For the respondents, Edward R. McGlynn.

Bodine

[111 NJL Page 354]

The opinion of the court was delivered by

BODINE, J. The relator attempts to have us review an order of the Supreme Court discharging a rule to show cause why mandamus should not issue to compel the issuance of a building permit and a license for the erection of a gasoline service station.

Since the constitutionality of a statute is not involved, the Supreme Court's refusal of mandamus is not reviewable in this court. Matlack v. Lloyd, 82 N.J.L. 739; Camden v. Public Service Railway Co., 84 Id. 309.

The appeal must be dismissed.

For dismissal -- THE CHANCELLOR, CHIEF JUSTICE, TRENCHARD, CASE, BODINE, DONGES, PERSKIE, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, DILL, JJ. 13.

19330927


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