closing food stores; exceptions for classes of businesses
How later courts described this case
- closing food stores; exceptions for classes of businesses
Written by the judges who cited it.
The opinion
CURTIS, J., Dissenting.
I dissent. I am in agreement with the decision of this case by the Fourth District Court of Appeal. That decision was based largely upon the conclusion reached by this court in the case of In re Sumida, 177 Cal. 388 [ 170 Pac. 823 ], written by former Chief Justice Shaw, in which an ordinance of the town of Fowler, containing provisions similar to those found in the Tulare ordinance was sustained. The decision in the case of In re Sumida, supra, has never been overruled, or even criticized by this court. The majority opinion merely calls attention to that decision but does not attempt to distinguish it from the present proceeding.