Perry v. City Council of Salt Lake City
Utah Supreme Court
Application for a writ of mandamus against the city-council of Salt Lake City, preferred in the Supreme Court of the Territory. The petition for a writ of mandamus set out the ordinances of Salt Lake City upon the subject of granting liquor licenses, and a compliance with the law and! the refusal of the city council to grant the license without assigning any reason therefor. The answer of the-city council is quoted in the opinion.
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Application for a writ of mandamus against the city-council of Salt Lake City, preferred in the Supreme Court of the Territory. The petition for a writ of mandamus set out the ordinances of Salt Lake City upon the subject of granting liquor licenses, and a compliance with the law and! the refusal of the city council to grant the license without assigning any reason therefor. The answer of the-city council is quoted in the opinion. The petitioner thereupon demurred to the answer and oral argument was had upon the demurrer. The ordinances are as follows: - Chapter 23, Section 42. “Ho person…
1Dissent
MiíteR, J.
(dissenting) .•
I am unable to fully concur with the majority of the court in this case. The relator appears to have complied with all the requirements of the statutes and ordinances, and it cannot be claimed that the place at which he proposes to carry on the business is within the prohibition of the statute or ordinances. The question arises, can the city council, under the power to regulate (conferred by the charter) impose additional restrictions? If so, how is that power to be exercised? Must it be by ordinance, so that the requirements prescribed, whatever they may be, will…
2Cases cited8 opinions
- Zanone v. Mound CityIllinois Supreme Court · 1882
- State ex rel. Adamson v. Lafayette County CourtSupreme Court of Missouri · 1867
- People ex rel. Mixer v. Board of SupervisorsMichigan Supreme Court · 1873
- Ex parte CandeeSupreme Court of Alabama · 1872
- Amperse v. Common CouncilMichigan Supreme Court · 1886
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