Legal Opinion
Lerner v. City of Delavan
Wisconsin Supreme Court
Decided December 9, 1930PublishedCited by 28 opinions
1Opinion of the CourtWicichem, J.
The ordinance in question is attacked as invalid for the reason that it furnishes no standard by which *35the council may exercise its discretion in granting permits; that consequently it vests the council with a wholly arbitrary power to grant or deny or revoke permits, and that it puts it within the power of the council to destroy what is conceded to be a legitimate business.
It is clear from the authorities that dealers in junk and second-hand articles are subject to control and regulation for several reasons: first, there is a strong likelihood that, innocently or otherwise, such dealers will…
2Cases cited8 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- New York Ex Rel. Lieberman v. Van De CarrSupreme Court of the United States · 1905
- State ex rel. Garrabad v. DeringWisconsin Supreme Court · 1893
- City of Milwaukee v. RuplingerWisconsin Supreme Court · 1914
- State v. TaubertSupreme Court of Minnesota · 1914
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- State ex rel. Humble Oil & Refining Co. v. WahnerWisconsin Supreme Court · 1964
- Smith v. City of BrookfieldWisconsin Supreme Court · 1956
- State Ex Rel. American Oil Co. v. BessentWisconsin Supreme Court · 1965
- La Crosse Rendering Works, Inc. v. City of La CrosseWisconsin Supreme Court · 1939
- Clapp v. UlbrichSupreme Court of Connecticut · 1954
23 more not listed; retrieve them via the Exa API.