Opinion

In Re Porterfield

  • 28 Cal. 2d 91
  • 168 P.2d 706
  • 167 A.L.R. 675
  • 19 L.R.R.M. (BNA) 2585
  • 1946 Cal. LEXIS 197
Court
California Supreme Court
Filed
Apr 30, 1946
Status
Published
Author
Spence
On the bench
Schauer, Spence
Cited by
112 cases

The opinion

SPENCE, J.

I concur in the judgment discharging petitioner. I am entirely in accord with the conclusion stated by Mr. Justice Schauer that “the portions of the ordinance, *121 purporting to establish the standards upon which the licensing board shall act, are, as enacted, arbitrarily prohibitive of certain of petitioner’s constitutionally guaranteed rights”; and I am further in agreement with much that is said in the opinion in support of the conclusion. If it may be implied, however, from the extended discussion of the several points considered in the opinion, that there are obstacles, constitutional or otherwise, to any and every form of reasonable regulation by municipal authorities of the occupation in which petitioner is engaged, I am not prepared to join in any portions of the opinion which may carry such implication.

Edmonds, J., and Shenk, J., concurred.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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