Legal Opinion

State ex rel. Strike v. Common Council

Wisconsin Supreme Court

Decided April 1, 1930PublishedCited by 2 opinions

1Opinion of the CourtOwen, J.

Before it can be determined whether the common council abused its discretion in the matter of refusing a license to the relator, it becomes necessary first to ascertain the extent of the discretion vested by the ordinance in the common council.

The licensing of gasoline filling stations seems to be recognized as a proper exercise of the police power. So far as the purpose sought to be accomplished by such ordinances is revealed by the reported cases, it seems to be confined to the prevention of fire hazards and the congestion of traffic, *442as in Hyma v. Seeger, 233 Mich. 659, 207 N. W. 834;…

2Cases cited12 opinions

  1. Gundling v. ChicagoSupreme Court of the United States · 1900
  2. Matter of Larkin Co. v. SchwabNew York Court of Appeals · 1926
  3. Fischer v. St. LouisSupreme Court of the United States · 1904
  4. State ex rel. Runge v. AndersonWisconsin Supreme Court · 1898
  5. Wilson v. Eureka CitySupreme Court of the United States · 1899

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3Cited by2 opinions

  1. Smith v. City of WhitewaterWisconsin Supreme Court · 1947
  2. Dillard v. YeldellDistrict of Columbia Court of Appeals · 1975

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