Town of Crowley v. West

Citations

• 52 La. Ann. 526

Syllabus

<p>Syllabus.</p> <p>1. A municipality which has voluntarily passed under the dominion of Act No. 13 G of 1898, can not, under any general or implied authority, suppress or “locate,” at pleasure, a lawful business, which is not a nuisance per ae, where the act confers authority, in specific terms, merely to prescribe regulations whereby the establishment in which such business is conducted shall be kept clean and in good order.</p> <p>2. A fortiori is it incompetent for such municipality to enforce an ordinance, whether adopted before or after its acceptance of the act of 1898, the effect of which is to permit four livery stables to be maintained in its business centre, whilst the fifth stable and all others which may be hereafter established, are to be regulated and confined to a designated locality, remote from such centre.</p>