New Orleans Baseball & Amusement Co. v. City of New Orleans

Citations

• 118 La. 228
• 42 So. 784
• 1907 La. LEXIS 698

Syllabus

<p>1. Equity — Jurisdiction — Criminal Proceedings.</p> <p>Where property rights will be destroyed or greatly impaired, interference by criminal proceedings under a void law or ordinance may be reached and controlled by a court of equity. Dobbins v. City of Los Angeles, 195 U. S. 223, 25 Sup. Ct. 18, 49 L. Ed. 169.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 19, Equity, § 88.]</p> <p>2. Injunction — When Granted — Illegal Ordinance.</p> <p>Where the facts alleged show injury to property rights resulting from the enactment of an ordinance excluding the erection or operation of baseball parks within certain limits, and that the ordinance was personal, arbitrary, and discriminatory in its character, and the power of the city council to enact any such ordinance as a police regulation is questionable, a proper case is disclosed for the interference of a court of equity by the process of injunction.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 27, Injunction, § 155.]</p> <p>(Syllabus by the Court.)</p>