MUNICIPAL CORPORATIONS - POLICE POWER - EXTRATERRITORIAL EFFECT

Stevens, Gerald M.

Journal: Michigan Law Review

Volume: 36

First Page: 848

Year: 1938

Bluebook Citation: 36 MICH. L. REV. 848 (1938)

Author: Gerald M. Stevens: all 10 publications


Abstract

A city ordinance prohibited the sale of ice cream within the city unless the seller had first obtained a certificate of registration from the city. The certificate could be obtained by registering the applicant's state ice cream factory license with the city commissioners of health, allowing an inspection of his factory, and paying an annual inspection fee. Defendant sold ice cream in the city without having done so. His factories were located two counties distant from the city; they had been duly licensed by the state.

On prosecution by the city, held, the ordinance was void on the ground inter alia, that the city had no power to require inspection of factories outside its territorial limits. City of Rockford v. Hey, 366 Ill. 526, 9.

N. E. (2d) 317 (1937).

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