Dobbins v. Los Angeles
Citations
- 195 U.S. 223
- 25 S. Ct. 18
- 49 L. Ed. 169
- 1904 U.S. LEXIS 739
Syllabus
<p>While every intendment is to be made in favor of the lawfulness of the exercise of municipal power making regulations to promote the public health, municipal by-laws and ordinances, and even legislative enactments undertaking to regulate useful business enterprises, are subject to investigation in the courts with a view to determining whether the law or ordinance is a lawful exercise of the police power, or whether, under the guise of enforcing police regulations, there has been an unwarranted and arbitrary interference with constitutional rights to carry on a lawful business, make contracts, or use and enjoy property.</p> <p>While the right to exercise the police power is a continuing one and a business lawful to^lay may in the future become a menace to the public welfare and be required to yield to the public good, the exercise of the police power is subjéct to judicial review, and property rights cannot be wrongfully destroyed by arbitrary enactment.</p> <p>Although an.ordinance may be lawful on its face and apparently fair in its terms, yet if it is enforced in such a manner as to work a discrimination against a part of a' community for no lawful reason, such exercise of power will be invalidated by the courts. Yick Wo v. Hopkins, 118 U. S. 356.</p> <p>A municipal ordinance was adopted in September fixing the limits within which gasworks might'be erected. Thereafter a permit was granted for the erection of a plant; in November another ordinance was adopted amending the September ordinancé and by which ordinance the territory on which the works were in course of erection and purchased in reliance upon the September ordinance was excluded. There had been no change in the neighborhood or conditions. Held, to be void as against the holder of the permit as an arbitrary and discriminatory exercise of the police power which amounted to a taking of property without due process of law and an impairment of property rights protected by the Fourteenth Amendment.</p> <p>W
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that where a state’s police powers “amount to a denial to persons within its jurisdiction of the equal protection of the laws, they must be deemed unconstitutional and void”
- court of equity may enjoin prosecution under void law where property rights would otherwise be destroyed
- court of equity may enjoin prosecution under void law where property rights would otherwise be destroyed
- criminal proceedings may be enjoined when arbitrary and discriminatory exercise of police power under Fourteenth Amendment equal protection analysis, if property rights will be destroyed by enforcement of law or ordinance
- injunction permissible to restrain the arbitrary and discriminatory exercise of the police power which results in a taking of property without due process of law and an impairment of property rights
- injunction permissible to \restrain the arbitrary and discriminatory exercise of the police power which amounts to a taking of property without due process of law and an impairment of property rights protected by the Fourteenth Amendment ....\
Source: CourtListener parenthetical corpus (CC0).
Judges: Day
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