Starkey v. City of Longmont

This cause is before us on an agreed record. The par ties are hereinafter referred to as Starkey and the city, respectively.

Starkey was fined for violating a city ordinance by operating a gasoline filling* station without a license. To review that judgment he prosecutes this writ.

The ordinance in question vested unlimited discretion in the city council to grant or refuse such a license. For that reason Starkey says it is void. It also provided that no license should issue for a station having no attendant in charge. Starkey says the court committed reversible error in rejecting* his offer of…