Pierce Oil Corp. v. City of Hope
Supreme Court of Arkansas
Appeal from Hempstead Chancery Court; James D. Shaver, Chancellor; 1. The ordinance evidences a wrongful exercise of the police power of the city. It is arbitrary, unnecessary and unreasonable and no authority for its enactment is conferred by law. It violates the 14th Amendment of Const. U. S. and the Constitution of Arkansas. While the ordinance is presumed to be legal until the contrary is shown, the contrary is alleged in the bill.
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Appeal from Hempstead Chancery Court; James D. Shaver, Chancellor; 1. The ordinance evidences a wrongful exercise of the police power of the city. It is arbitrary, unnecessary and unreasonable and no authority for its enactment is conferred by law. It violates the 14th Amendment of Const. U. S. and the Constitution of Arkansas. While the ordinance is presumed to be legal until the contrary is shown, the contrary is alleged in the bill. No such authority is conferred by §§ 5438, 5439, 5461, Kirby’s Digest. See 94 Ark. 27; 86 Id. 412; 195 U. S. 223; 77 Pac. 180; 16 Wall. 36; 164 U. S. 578; 169…
1Opinion of the CourtSmith, J.
This is a suit in equity brought by appellant to enjoin the enforcement of an ordinance of the city 'of Hope, it being contended by appellant that the ordinance evidences a wrongful exercise of the police powers of that municipality. A general demurrer to the complaint was sustained, and this appeal questions the sufficiency of said complaint. .
The material allegations of the complaint are as follows: That appellant is a business corporation engaged in selling gasoline and oil, and for a great many years has owned and used storage tanks in the town of Hope in connection with the sale of its…
2Cases cited6 opinions
- Dobbins v. Los AngelesSupreme Court of the United States · 1904
- Corporation of Brick Presbyterian Church v. Mayor of New YorkNew York Supreme Court · 1826
- Laflin & Rand Powder Co. v. TearneyIllinois Supreme Court · 1890
- Standard Oil Co. v. City of DanvilleIllinois Supreme Court · 1902
- Matter of McIntosh v. . JohnsonNew York Court of Appeals · 1914
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3Cited by26 opinions
- Lombardo v. City of DallasTexas Supreme Court · 1934
- Van Hovenberg v. HolmanSupreme Court of Arkansas · 1940
- Herring v. StannusSupreme Court of Arkansas · 1925
- Replogle v. Little RockSupreme Court of Arkansas · 1924
- Vandiver v. Washington CountySupreme Court of Arkansas · 1982
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