Higgs v. City of Martin

By the bill complainant asks that two of the ordinances of the City of Martin he declared invalid, because arbitrary, discriminatory and unreasonable. The demurrer to the bill was overruled by the chancellor and a discretionary appeal allowed.

We find it necessary to consider only one of these ordinances, which is as follows:

“AN ORDINANCE TO PROHIBIT THE ESTABLISHMENT, ERECTION OR CONSTRUCTION OF A GASOLINE SERVICE STATION, OR PLACE OF BUSINESS WHERE MOTOR FUELS, MOTOR LUBRICATING OILS, OR MOTOR ACCESSORIES ARE SOLD, WITHIN THREE HUNDRED FEET OF ANY CHURCH, SCHOOL BUILDING OR HOSPITAL BUILDING…