Cofman v. Ousterhous
North Dakota Supreme Court
Certiorari to review the action of the District Court in revoking a creamery license. Appeal from the District Court of Burleigh County, Honorable, W. L. Nuessle, Judge. Judgment for respondents. Petitioner appeals.
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Certiorari to review the action of the District Court in revoking a creamery license. Appeal from the District Court of Burleigh County, Honorable, W. L. Nuessle, Judge. Judgment for respondents. Petitioner appeals. Regulations and licenses under the police power of the state can only be exercised where it has a real substantial relation to the public health, public safety, and public morals, and unnecessary or unreasonable restrictions upon the use of private property should not be imposed. Only an imperative necessity should prompt or warrant the revocation of a license issued for a lawful…
1Opinion of the Court
Bruce, Ch. J.
This is an appeal from an order of the district court of the sixth judicial district denying the petition of the appellant for a writ of certiorari to review the action of the dairy commissioner, J. J. Ousterhous, in revoking a license of the appellant to conduct a cream station at Iiazen, North Dakota, and to review the action of the commissioner of agriculture and labor, J. N. Hagen, in sustaining the said revocation.
The statutes under which the action sought to be reviewed was taken are as follows:
Section 2835, Compiled Laws 1913: “There is hereby created a bureau of the…
2Cases cited9 opinions
- People Ex Rel. Lodes v. Department of HealthNew York Court of Appeals · 1907
- Armour & Co. v. North DakotaSupreme Court of the United States · 1916
- State ex rel. Gaulke v. TurnerNorth Dakota Supreme Court · 1917
- State ex rel. Noggle v. CrawfordNorth Dakota Supreme Court · 1912
- State v. SeeboldSupreme Court of Missouri · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Nelsen v. TilleyNebraska Supreme Court · 1939
- State v. CromwellNorth Dakota Supreme Court · 1943
- Newman Signs, Inc. v. HjelleNorth Dakota Supreme Court · 1978
- State Ex Rel. Zugravu v. O'BrienOhio Supreme Court · 1935
- Hart v. City of Beverly HillsCalifornia Supreme Court · 1938
29 more not listed; retrieve them via the Exa API.