[DOWNLOAD] "State v. City Council of the City of Libby" by Supreme Court of Montana ~ eBook PDF Kindle ePub Free
eBook details
- Title: State v. City Council of the City of Libby
- Author : Supreme Court of Montana
- Release Date : January 28, 1938
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Intoxicating Liquors ? Cities and Towns ? Power to Limit Number of Places Where Beer and Liquor may be Sold at Retail ? What Does not Constitute Taking Property Without Due Process of Law. Cities and Towns ? "Municipal Corporation" ? Definition. 1. A municipal corporation is a body politic, created by the incorporation of the people of a prescribed locality invested with subordinate powers of legislation to assist in the civil government of the state and to regulate and administer local and internal affairs of the community. Same ? Power to Grant or Refuse Licenses ? In Absence of Gross Abuse of Discretion Courts will not Interfere. 2. Where the power to license has been properly delegated to cities and towns as it has been by section 5039.3, Revised Codes, granting city and town councils the power to fix the amount, terms and manner - Page 217 of issuing and revoking licenses, or refuse to issue them, courts will not interfere in its exercise except when there has been a gross abuse of the discretion in the premises. Same ? Power of City Council to Limit Number of Places at Which Beer and Liquor may be Sold ? What Does not Constitute Deprivation of Property Without Due Process of Law. 3. Held, that a city council could properly, under the statutes, limit the number of places in the city in which beer and liquor at retail might be sold, and after such limit had been reached could properly refuse to issue a license to one to whom a license issued by the State Liquor Control Board had been assigned, and in doing so was not depriving him of property without due process of law.