[Download] "Turner v. Peters" by Court Of Appeals Of Kentucky * Book PDF Kindle ePub Free
eBook details
- Title: Turner v. Peters
- Author : Court Of Appeals Of Kentucky
- Release Date : January 02, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 44 KB
Description
EBLEN, Judge. The appellant, who operates a junk yard on Main Street in Hazard, sought to restrain the appellee, as police judge of that municipality, from proceeding under a warrant charging the appellant with operation of that business without having obtained the license required by certain city ordinances. It appeared from the pleadings and evidence that the licensing ordinance imposed an annual fee of fifty dollars, required the licensee to consent to the search of his premises by the police at any time and without a warrant, and the Mayor's approval of the location of the business, but without any standards prescribed for determination of the approval or disapproval of location; that the appellant tendered the fifty dollar fee and consented to the search of his premises but the Mayor refused to approve the location. The right to injunctive relief was based upon the asserted invalidity of that portion of the licensing ordinance requiring the Mayor's approval of the location without prescribing standards and the assertion that each day of operation without a license was a separate offense for which the minimum fine was so small as not to be subject to an appeal. The lower court held the licensing ordinances valid and dissolved the temporary restraining order that had been issued. This appeal is from that judgment.