City of Lovington v. Hall

The majority says that the question is whether appellant’s business, required to be licensed by the ordinance, was actually regulated, and they rely upon our. own cases, City of Albuquerque v. Ranger Desdemona Oil Co., 26 N.M. 434, 194 P. 589 and Tharp v. City of Clovis, 34 N.M. 161, 279 P. 69, 71, to reverse the judgment.

The cases are readily distinguishable. In the former, the ordinance did not set out a single regulation and counsel agreed that the ordinance was a revenue measure. In such circumstance, what else was the court to do but invalidate the ordinance? The Tharp case, supra, while…