In lieu of prerogative writ.
The plaintiff in this action challenges the validity of an ordinance adopted November 14, 1950, by the defendant municipality. The ordinance to be reviewed is entitled "An Ordinance Providing for the Regulation and Control of Vehicular Traffic on Certain Streets in the Township of Raritan, County of Middlesex, New Jersey, and Providing Penalties for the Violation thereof," which reads as follows:
"The Board of Commissioners of the Township of Raritan, County of Middlesex, New Jersey, do ordain as follows:
1. No person or persons shall operate or drive any commercial motor vehicle, truck, tractor, trailer, semi-trailer, or combination thereof, or any other vehicle carrying or ordinarily used to carry merchandise, goods, tools or supplies, however propelled, upon any of the following streets in the Township of Raritan, from which said streets the aforesaid vehicles are hereby excluded, to wit:
EASTSIDE AVENUE -- FROM STATE HIGHWAY ROUTE 25 NORTHERLY TO WOODEDGE AVENUE.
WOODEDGE AVENUE -- FROM EASTSIDE AVENUE EASTERLY TO OLD POST ROAD:
provided, however, that no provision of this ordinance shall prevent the operation of any of the aforesaid vehicles on any of the aforesaid streets for the specific purpose of carrying merchandise, goods, tools, or supplies from or to residences on either side of the aforementioned streets or any streets intersecting the same.
2. Any person or persons violating any of the provisions of this ordinance shall be subject to a fine of not more than $50.00, or imprisonment for the term of not exceeding fifteen days, or both, for each and every offense.
3. All ordinances or parts of ordinances inconsistent herewith be and the same are hereby repealed.
4. This ordinance shall take effect after final passage and publication in accordance with the laws of the State of New Jersey."
The plaintiff is the owner of a tract of land, together with buildings thereon, located in said ...