Kurinsky v. Bd. of Health of Lakewood Tp.
| Citation | 128 N.J.L. 185,24 A.2d 803 |
| Decision Date | 02 March 1942 |
| Docket Number | No. 230.,230. |
| Parties | KURINSKY v. BOARD OF HEALTH OF LAKEWOOD TP. et al. |
| Court | United States State Supreme Court (New Jersey) |
Certiorari by the State, on the relation of Louis Kurinsky, prosecutor, against the Board of Health of the Township of Lakewood, N. J., William Thomas, Dr. Raymond A. Taylor, Albert Holman, William Schauffler, William Curtis, Edward Woeher, members, and Grace E. Margerum, Supervisor of Health and Clerk of the Board.
Writ dismissed.
January term, 1942, before BODINE, PERSKIE, and PORTER, JJ.
Milton R. Konvitz, of Newark (Robert I. Morris, of Newark, of counsel), for prosecutor.
Milton Miller, of Lakewood, for defendants.
This writ brings before us for review the action, orders and resolutions of the Board of Health of the Township of Lakewood (hereinafter called Lakewood) in cancelling a poultry slaughtering permit theretofore issued to prosecutor and the ordinance of the said Board known as Sec. 92 of the Sanitary Code. This ordinance was adopted January 27, 1930. Sec. 92 reads as follows: "No person, or persons, corporation, or corporations, shall slaughter and kill any cattle, any chickens, ducks, geese, pidgeons, and any other domestic fowl, except for domestic or family use, and not for hotel or commercial use, within the limits of the Town, unless a permit is first had and obtained from the Board."
It appears that the prosecutor has been engaged in the poultry business at premises owned by him at 431 Clifton Avenue, Lakewood, for about seventeen years. Having been advised that he was violating the ordinance in slaughtering poultry without a permit he applied for one and obtained it under date of Jan. 12, 1933. Before it was issued he was required to make, and did make, certain structural changes in his premises to comply with the instructions of the Board of Health as to proper sanitary practise. The permit was issued for a period of one month and was renewed from month to month until Sept. 1, 1941 when further renewal was denied after due notice of the contemplated action had been given. These renewals were not continuous. The record is not clear as to exactly what interruptions there were but it appears that there were at least two periods when the renewals were denied, once for about six months and another for about four months, apparently due to his failure to comply with the sanitary requirements. In addition to Sec. 92 of the ordinance above quoted it appears that other and more detailed rules and regulations concerning the slaughtering and housing of poultry were adopted by the Board of Health on Jan. 13, 1932 of which prosecutor was fully informed from time to time especially when inspections of his premises were made by both...
To continue reading
Request your trial
-
Tillberg v. Kearny Tp.
...committed to their administrative enforcement should constitute the standards applicable. Cf. Kurinsky v. Board of Health, Lakewood Township, 128 N.J.L. 185, 187, 24 A.2d 803 (Sup.Ct.1942). While the nature of the subject matter regulated may in a particular case warrant fairly Defendants p......
-
Board of Health of Weehawken Tp., Hudson County v. New York Cent. R. Co.
...735, 87 A. 148 (E. & A. 1913); Fenton v. Atlantic City, 90 N.J.L. 403, 103 A. 695 (Sup.Ct.1917); Kurinsky v. Board of Health of Lakewood Township, 128 N.J.L. 185, 24 A.2d 803 (Sup.Ct.1942); Potter v. Weleck, 131 N.J.L. 155, 35 A.2d 627 (Sup.Ct. 1944). The cited act of 1947 is affirmative le......
-
Gross v. Allan, A--517
...committed to their administrative enforcement should constitute the standards applicable. Cf. Kurinsky v. Board of Health, Lakewood Township, 128 N.J.L. 185, 187, 24 A.2d 803 (Sup.Ct.1942). While the nature of the subject matter regulated may in a particular case warrant fairly broad standa......
-
Cutaio v. Board of Health of City of Elizabeth, A--402
...standards. If not, the decision does not represent the present clear state of the law. In Kurinsky v. Board of Health of Lakewood Township, 128 N.J.L. 185, 24 A.2d 803 (Sup.Ct.1942), also relied upon by defendants, the court found the presence of sufficient standards. The reference in the o......