In lieu of prerogative writ.
This action in lieu of prerogative writ is brought to review an ordinance regulating traffic on Voorhees Street in the City of Newark. The case was heard by the court on testimony, a stipulation of facts, exhibits, and argument.
The individual plaintiff is the owner and the corporate plaintiff the lessee of premises abutting on the dead end and northerly side of Voorhees Street, which runs westerly for two blocks from Leslie Street in the City of Newark, across Fabyan Place and then across the Town of Irvington line for a short distance, and terminates in a dead end at the property of the plaintiffs, which is located in Irvington and also extends easterly on the north side of the street for some 91-odd feet in the City of Newark. The street and premises are shown on a survey attached to the complaint. There is
also in evidence a tax map showing the block in question. The Voorhees Street entrances to the plaintiffs' premises are in Irvington at the dead end and on the northerly side of the street.
The stipulation of facts admits that Voorhees Street terminates in Irvington at the dead end and at plaintiffs' property. This property is now used for a building material business and has been since about 1912, and most of it is situated in Irvington; the balance in the City of Newark has the frontage of 91-odd feet. The property in Irvington is zoned for heavy industry, and the part in Newark is zoned for second residential use, but it is claimed that the plaintiffs' premises in Newark has, together with the premises in Irvington, been used for a building material business continuously since before the passage of the Newark zoning ordinance. Other than private garages, there are abutting on Voorhees Street between Fabyan Place and the Irvington line 10 buildings, all used for dwelling purposes except one, whose first floor is used as a store. From the Irvington line to the dead end, the frontage other than the plaintiffs' consists of property owned by one Karl Schaaf, abutting on the dead end on the southerly side of Voorhees Street. This property is used for business purposes and has erected on it a one-story cement building with a brick front. It has no access to a public highway other than its frontage on the dead end in Irvington. The plaintiffs' property has a frontage on its westerly side on South 20th Street, Irvington.
On November 1, 1950, the city authorities adopted an amendment to the ordinance of the city which provides for controlling of vehicular traffic. This ordinance contains a great many traffic provisions, including among others, the limitation of more than 100 streets as one-way streets and of parking on many others. The amendment here under review applies to section 11 of the original ordinance, which reads as follows:
"Section 11. That express wagons, trucks, carts or other vehicles carrying or ordinarily used to carry merchandise, goods, tools or
supplies, however propelled, shall be excluded from the following streets, in the City of Newark.
Highland avenue -- From Bloomfield avenue to ...