Hyma v. Seeger

The plaintiff made application to the city commission of Grand Rapids for a license to construct a gasoline filling station at the corner of Roberts court and Grandville avenue under an ordinance which, so far as applicable, reads as follows:

“Section 3. No license shall be granted for any such filling station within 300 feet of any school, church, theatre, park or other place of public assembly, nor in any location where, by reason of traffic conditions or fire or explosion hazard, a filling station would imperil the public safety.”

When the application was heard before the commission the…