Olan Mills, Inc. v. City of Elizabethtown

STEWART, Justice. .

The only question presented on this appeal is whether an ordinance, enacted by the city council of Elizabethtown, imposes an undue and discriminatory burden upon interstate commerce in violation of Article I, § 8, Clause 3 of the Constitution of the United States, commonly known as the “commerce clause,” and is therefore unenforceable as to appellant, a nonresident corporation doing business in Kentucky. When we employ the term, “nonresident” in this opinion, we refer in each instance to a person having his or its situs out of the state.

The ordinance imposes a license fee…