Barth v. De Coursey

(concurring specially)-

I concur in the opinion by Justice Porter.

A basic reason for holding the ordinance prohibitory is thát the county, having no authority to make police regulations for municipalities, by this ordinance refuses to consider any application on its merits, and refuses to fix any “conditions and terms” for an applicant to comply with, if the application comes from that area of the county where the board has authority to fix “conditions and terms.” By this I do not mean to say that the county commissioners may not reject an application coming from a municipality if the…