Legal Opinion

Hawkins v. City of Red Cloud

Nebraska Supreme Court

Decided July 8, 1932No. 28182PublishedCited by 6 opinions

1Opinion of the CourtDean, J.

This is a suit for an injunction to prevent the city of Red Cloud and its officers from enforcing an ordinance which by its terms would prevent plaintiff from installing and operating an “Automatic Coin-in-the-Slot Gasoline Pump” at a gasoline filling station without an attendant. The petition challenges the validity of the ordinance by pleas of prohibition rather than regulation; of uncertainty, discrimination and unreasonableness; of invasion of personal and property rights under the guise of police regulation; of violation of due process clauses of federal and state Constitutions. Details…

2Cases cited5 opinions

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. Halter v. NebraskaSupreme Court of the United States · 1907
  3. State ex rel. Krittenbrink v. WithnellNebraska Supreme Court · 1912
  4. Stewart v. BartonNebraska Supreme Court · 1912
  5. Halter v. StateNebraska Supreme Court · 1905

3Cited by6 opinions

  1. Hi-Lo Oil Company v. City of CrowleyLouisiana Court of Appeal · 1973
  2. Dundee Realty Co. v. City of OmahaNebraska Supreme Court · 1944
  3. Webber v. City of ScottsbluffNebraska Supreme Court · 1942
  4. Cassel Realty Co. v. City of OmahaNebraska Supreme Court · 1944
  5. Starkey v. City of LongmontSupreme Court of Colorado · 1932

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