Law Commons^™

Vernon V. Los Angeles [Dissent], Jesse W. Carter

Jesse Carter Opinions

In a declaratory judgment proceeding, the court determined that the City of Vernon should have been charged with all payments accrued under the composite agreement up to the entry of judgment in the state abatement action.

Real Property - The Effect Of Zoning Ordinances On The Law Of Nuisance, Robert B. Fiske, Jr. S.Ed.

Michigan Law Review

One of the most interesting and least explored questions in the law of property is the effect of zoning ordinances on the law of nuisance. Particularly interesting is the extent to which statutory authorization by zoning can legalize a use of land which, in the absence of a zoning ordinance, would constitute a nuisance. In order to understand this problem fully it is necessary to begin with a general analysis of the law of nuisance and the various classifications into which it has been divided by the courts.

Admiralty - Constitutional Law - Effect Of State Regulation Of Marine Insurance On Uniformity Of Maritime Law, Charles G. Williamson, Jr. S.Ed.

Michigan Law Review

Petitioner's houseboat, used to transport passengers commercially on a lake between Texas and Oklahoma, was insured against fire and other loss by respondent. Following destruction of the boat by fire, respondent denied liability because of breaches of policy warranties against assignment, pledging, transferring, and use for hire. The petitioner's action was brought in the state court and removed to a federal court because of diversity of citizenship. Texas statutes provide that breaches of policy provisions by the insured are no defense unless the breach contributes to the loss, and that provisions in policies against pledging are invalid. Petitioner contended that …

Corporations - Stockholders - Effect Of State Constitutional Provisions On Liabilty To Creditors For Unpaid Subscriptions, Douglas Peck S.Ed.

Michigan Law Review

Basset and Company, an Oklahoma corporation, issued stock to defendant for which defendant never paid. The sum due was carried on the corporate books as "subscriptions receivable." The corporation became bankrupt and the trustee brought suit in the federal district court to recover the amount due on the subscriptions. Held, judgment for the defendant. Under the Oklahoma Constitution, where stock is issued for consideration which is less than par value, the issue is void. The stock certificate cannot serve as a consideration to support the would-be stockholder's promise to pay for the stock, and no liability attaches to the …

Roman Catholic Welfare Corp. V. Piedmont, Jesse W. Carter

Jesse Carter Opinions

City ordinance, which prevented the construction of a building to be used for private school purposes in an area where public schools were located, was unconstitutional and void.

Damages: Limitations In Recovery On Lost Profits In Indiana

Indiana Law Journal

No abstract provided.

Local Government Law -- 1955 Tennessee Survey, Clyde L. Ball

Vanderbilt Law Review

Police Power: Conformity of Ordinance to State Statute: The town of Fayetteville enacted an ordinance imposing higher standards than those established by state and federal laws upon producers, of milk to be sold within the city. In State ex rel. Beasley v. Mayor and Aldermen of Fayetteville' plaintiff milk producer, having complied with state and federal requirements, was denied a permit to sell inside the city and sought a writ of mandamus to require the city authorities to issue the permit. Under the holding in State ex rel. Nashville Pure Milk Co. v. Shelbyville, a municipality could not refuse to …

Forward, Law Review Staff

Vanderbilt Law Review

This is the third year in which the faculty members of the Vanderbilt Law School have prepared the Annual Survey of Tennessee Law. The undertaking is, of course, primarily for the benefit of the members of the Bench and Bar of Tennessee. We hope that they have found it sufficiently useful to justify the effort and expense involved. The first Survey was confined almost entirely to the decisions of the State Supreme Court and the Court of Appeals. It has now been expanded to provide for systematic inclusion of federal decisions involving Tennessee law and occasionally even decisions of other …

Amortization And Performance Standards In Zoning Regulations: Study Of Existing Nonconforming Uses In An Indiana Community

Indiana Law Journal

No abstract provided.

An Inquiry Into The Principles Of Municipal Responsibility In General Assumpsit And Tort, George K. Gardner, Leslie M. Geller, John F. Mcgrory, William B. Shaffer Jr.

Vanderbilt Law Review

This paper is written in the conviction that the world is governed by natural law. It is our ambition to describe an analytical method by which the true responsibility of a municipality in respect to any given claim in general assumpsit or tort may be ascertained. It is not pretended that the method which we shall offer will yield a result in harmony with every reported judicial decision and statute, nor even that it may not differ rather widely from the system of legal rules prevailing currently in many states. It is our hope to present an exposition of basic …

Some Perspectives On Written Law Processes In Local Government, C. Dallas Sands

Vanderbilt Law Review

There is a wide assortment of local governing bodies which exercise some measure, more or less, of legislative authority. Municipal governments generally have separate legislative bodies in the form of a council or a commission. Legislative powers may reside in county, township, parish, or borough organizations. And some law-making power, though usually more narrowly confined, may be exercised by special purpose units of local government such as school districts, drainage districts, irrigation districts, and the like. In both volume and effect, the importance of the legislative output of all of these agencies should not be underestimated. Their impact is felt …

The Place Of The Planning Commission And The Board Of Zoning Appeals In Community Life, E. C. Yokley

Vanderbilt Law Review

Progressive and fortunate is the city or town served by a planning commission whose membership is comprised of upstanding and public spirited citizens of known integrity, who give freely of their time and talents in such activity. When the same city or town can point with pride to a board of zoning appeals possessing the same high qualities of dedicated public service, it is doubly blessed.

The members of such commissions and boards become the city's most effective police officers when they properly perform their duties. This is literally true, because they derive all of their authority from such part …

Area-Development Authorities: A New Form Of Government By Proclamation, Ross D. Netherton

Vanderbilt Law Review

Let it be understood in the very beginning that the views of this writer regarding Public Authorities are partisan. He believes that recent years have witnessed the emergence of a new instrumentality of local government, the species of which are sometimes called "port authorities," sometimes "toll commissions," sometimes "regional boards," but all of which are capable of being described generically as "area-development authorities." He submits that these instrumentalities, while offering a unique and efficient means of performing many of the special functions which local governments in our times are called upon to undertake, have been allowed to grow away from …

The Validity Of Extraterritorial Municipal Zoning, Otis J. Bouwsma

Vanderbilt Law Review

A body of law does not suddenly spring up. A period of development is required during which there is a gradual evolution of a comprehensive and coherent body of law. So, the law of zoning did not go immediately from the one extreme of completely unregulated city development to the other extreme of closely restricted city planning and zoning. Throughout the years tremendous changes in living conditions were taking place; sign board regulation was developing; and cities were prohibiting noxious uses of property for the benefit of the whole community. These things paved the way for the holding in Village …

Local Government In The Larger Scheme Of Things, Jefferson B. Fordham

Vanderbilt Law Review

The growing interest displayed by the law reviews in the legal problems of local government reflects a gratifying increase in research and scholarly activity in the field.' This interest on the part of law school scholarly media is especially noteworthy, since the world of legal education has a peculiar responsibility to identify and engage in thoughtful study of the great legal problems of contemporary society.

In this brief paper an effort is made to place the problem of making appropriate legal provision for local autonomy in more adequate perspective. That is a rather ambitious venture. One is moved by the …

Consolidation Of County And City Functions And Other Devices For Simplifying Tennessee Local Government, Wallace Mendelson

Vanderbilt Law Review

The growth of urban population beyond the legal boundaries of our towns and cities presents problems that are not being handled effectively by existing agencies of local government. Essentially the difficulty is that, while the suburbanites are an integral part of the central city's social and economic life, they are beyond her legal jurisdiction. As a result county government, designed primarily for rural areas, finds itself bogged down with urban problems. To meet such incongruities suburbanites often seek satisfaction of their needs in a series of uncoordinated special service districts, or other public or semi-public agencies and often ultimately in …

Harden V. Superior Court Of Alameda County, Jesse W. Carter

Jesse Carter Opinions

A writ of prohibition restraining eminent domain proceedings was proper where the landowners had no remedy by appeal, the city had no authority to proceed against property outside its limits, and the superior court lacked jurisdiction in the action.

Supreme Court Day Program, 1955, The Executive Committee On Program For The Observance Of Supreme Court Day

Historic Documents

Program for the 1955 Supreme Court Day commemorating the first sitting of Indiana Supreme Court justices on May 5, 1817. At this time in 1955, two Indiana law alumni, Hon. Harold E. Achor,LL.B.'31, and Hon. George Washington Henley, Jr.,LL.B.'14, were serving on the Indiana Supreme Court.

The Virginia "Stay Law", Montgomery Knight Jr.

William and Mary Review of Virginia Law

No abstract provided.

Municipal Corporations, Douglas R. Hendel

Washington Law Review

Covers cases on zoning.

Rule 3:18(D): What Does It Mean?, T. H. Spainhour

William and Mary Review of Virginia Law

No abstract provided.

Constitutional Law - Federal Immunity From State Taxation - Validity Of State Sales Tax Upon Purchases And Sales By National Banks, Julius B. Poppinga

Michigan Law Review

The 1949 revision of the Michigan Sales Tax Act changed the federal exemption provision so as to permit taxation of sales to corporations acting as agents or instrumentalities of the federal government but not wholly owned by the United States. Accordingly, defendant department of revenue took the position that sales to plaintiff, a national banking institution organized under the National Banking Act, are taxable. In the course of its operations, plaintiff purchases office equipment and other tangible personal property from Michigan. retailers. It also sells food and services to employees through its cafeteria, and sells repossessed merchandise to other parties. …

Municipal Corporations - Validity Of Covenant To Maintain Parking Meters In Bond Issue To Finance Off-Street Parking Facilities, William G. Cloon, Jr. S.Ed.

Michigan Law Review

An act of the state legislature authorized the issuance of municipal bonds to finance off-street parking facilities. The city was authorized to pledge revenue from existing on-street parking facilities to service the bonds but was to retain the right to change the location of the parking meters and other on-street facilities for enumerated reasons so long as the change did not materially lessen the revenue to be derived from those facilities. Acting in pursuance of authority granted by the enabling act, the city covenanted to maintain its parking meters subject to the reservations required by the act. In an action …

Quo Warranto--Persons Entitled To Relief, E. W. C.

West Virginia Law Review

No abstract provided.

Automobile Registration--Owner Of Automobile Leased For Compensation Without A Driver Entitled To Class "A" Registration And License Plates, B. F. D.

West Virginia Law Review

No abstract provided.

Public Utilities--Supplemental Motor Truck Operations Of Railroads--Certificate Of Convenience And Necessity As Matter Of Right, J. K. B.

West Virginia Law Review

No abstract provided.

Constitutional Law- Zoning - Private High Schools Excluded From Zone In Which Public High Schools Permitted, William D. Keeler S.Ed.

Michigan Law Review

Among the uses permitted in the "A" residence zone by the Wauwatosa, Wisconsin zoning ordinance were "(e) Public Schools and Private Elementary Schools." The city building inspector denied to plaintiff, a private, non-profit religious corporation, a permit for the construction of a private high school in that zone. Plaintiff brought an action in mandamus to compel the issuance of such a permit, alleging that the ordinance deprived plaintiff of property without due process of law, and denied to it the equal protection of the laws guaranteed by the Fourteenth Amendment. The lower court granted the writ. On appeal, held, …

Municipal Corporations - Zoning - Amortization Of Existing Noncomforming Uses, James W. Beatty S.Ed.

Michigan Law Review

ln 1930 defendant Gage acquired several lots in the City of Los Angeles. He constructed a residential building in which he established a wholesale and retail plumbing business, using one room as an office for the conduct of his business. Also used in the business were a garage and racks, bins, and stalls for the storage of materials and supplies. The use to which defendant put the property was permitted under the applicable zoning ordinance of 1930. Later the ordinance was changed so as to make defendant's use of both lots nonconforming. In 1946 another rezoning ordinance provided that the …

Labor Law - State Jurisdiction Over Acts Which Are Unfair Labor Practices Under Federal Labor Legislation, Eugene Alkema S.Ed.

Michigan Law Review

Extensive federal labor legislation under the commerce clause has created a perplexing jurisdictional problem in the state courts, which are confronted increasingly with the critical issue of possible conflict with a federal preemptive area of operation. The extent to which the federal government has superseded state jurisdiction over labor matters has remained unsettled under the current case law and the legislative history of the federal acts, and the need for clarification is apparent at a time when labor cases are reaching the courts in increasing numbers. It is natural for unions to raise the issue of lack of jurisdiction in …

Kentucky Developments In 1954: Personal And Real Property, Future Interests And Trusts, W. L. Matthews Jr.

Kentucky Law Journal

No abstract provided.