State v. Garibaldi
Supreme Court of Louisiana
APPEAL from the Second Recorder’s Court for the Parish of Orleans. Aucoin, J. Ordinances which provide that it shall be unlawful for any one to setup or establish a private market without permission of the City Council, granted on a written petition, accompanied by the written consent of the property owners of the vicinity, which provides also that the building in which the private market is conducted shall be properly flagged and ventilated, shall have a superficial area of…
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APPEAL from the Second Recorder’s Court for the Parish of Orleans. Aucoin, J. Ordinances which provide that it shall be unlawful for any one to setup or establish a private market without permission of the City Council, granted on a written petition, accompanied by the written consent of the property owners of the vicinity, which provides also that the building in which the private market is conducted shall be properly flagged and ventilated, shall have a superficial area of 10x15 feet, shall be 16 feet high, and the sides of which shall be 10 feet from any dwelling house, are constitutional…
1Opinion of the Court
The opinion of the court was delivered by
Breaux, J.
The law-making power having authorized the City Council of New Orleans to pass such ordinances for the government and regulation of private markets, as they may in their discretion deem proper, and having vested them with authority for their enforcement subject to certain limitations. The City Council adopted Ordinance 5748, C. S., amending Ordinance 5798, prohibiting the establishment of a private market for the sale of meat or other comestibles, except fruits, without permission previously obtained on a petition, with the written consent of…
2Cited by8 opinions
- State ex rel. Galle v. City of New OrleansSupreme Court of Louisiana · 1904
- City of New Orleans v. SanfordSupreme Court of Louisiana · 1915
- City of New Orleans v. SmytheSupreme Court of Louisiana · 1906
- State ex rel. Tranchina v. City of New OrleansSupreme Court of Louisiana · 1917
- Town of Eros v. PowellSupreme Court of Louisiana · 1915
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