Friedman v. City of Atlanta

Atkinson, Presiding Justice.

A municipal ordinance prohibited operation of “any pin-ball machine,” and prescribed a penalty for violation of its terms. Before the date prescribed for the or*865dinance to become effective, certain owners and lessors of “pin-ball machines” instituted an action to enjoin enforcement of the ordinance, on the ground that it was ultra vires, unreasonable, and unconstitutional. The ground of complaint was that the fear of arrest would cause the lessees to terminate their contracts and cause the machines to be removed from their places of business, thereby causing…