Legal Opinion

Lyons v. City of Portland

Oregon Supreme Court

Decided March 18, 1925PublishedCited by 8 opinions

1Opinion of the CourtMcBRIDE, C. J.

It cannot be gainsaid that, where the state has assumed exclusive right to license a particular business, the power of a city to legislate on the same subject is taken away. But we think the weight of authority is in favor of the proposition that, where a city has been granted by general law or by legislative charter the authority to license a particular business, that authority is not taken away by the fact that the state has also seen fit to impose a license for carrying on the same business. And it seems to us that where there is no conflict between the provisions of the state law and city…

2Cases cited7 opinions

  1. City of Leavenworth v. BoothSupreme Court of Kansas · 1875
  2. State v. GermainOregon Supreme Court · 1909
  3. Abraham v. City of RoseburgOregon Supreme Court · 1909
  4. Mayor of Savannah v. CharltonSupreme Court of Georgia · 1867
  5. City of Fairfield v. ShallenbergerSupreme Court of Iowa · 1907

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. City of La Grande v. Public Employes Retirement BoardOregon Supreme Court · 1978
  2. Garbade and Boynton v. City of PortlandOregon Supreme Court · 1950
  3. City of Portland v. DollarhideCourt of Appeals of Oregon · 1984
  4. State Ex Rel. Harth v. PhippsOregon Supreme Court · 1931
  5. City of La Grande v. Public Employes Retirement BoardOregon Supreme Court · 1978

3 more not listed; retrieve them via the Exa API.

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