New State Ice Co. v. Liebmann
| New State Ice Co. v. Liebmann | |
|---|---|
 | |
| Argued February 19, 1932 Decided March 21, 1932 | |
| Full case name | New State Ice Co. v. Liebmann |
| Citations | 285 U.S. 262 (more) |
| Case history | |
| Prior | District Court for the Western District of Oklahoma dismissed the New State Ice Co.'s complaint for lack of equity, 42 F.(2d) 913; Court of Appeals affirmed, 52 F.(2d) 349; cert. granted. |
| Court membership | |
| |
| Case opinions | |
| Majority | Sutherland |
| Dissent | Brandeis, joined by Stone |
New State Ice Co. v. Liebmann, 285 U.S. 262 (1932),[1] was a case in which the Supreme Court of the United States held that due process prevented a state legislature from arbitrarily creating restrictions on new businesses only on the claim that their markets affected a public use.
The New State Ice Company had brought suit against Liebmann to prevent him from selling ice without a license. The lower courts had relied on Frost v. Corporation Commission 278 U.S. 515 (1929) in reaching their conclusion that a license is not necessary where existing businesses are "sufficient to meet the public needs therein".[2] The Supreme Court distinguished Frost as concerned with businesses that grind grain, a public interest key to feeding the population that is not comparable to the ice market.
Justice Brandeis dissented from the court's opinion.
See also
References
- ^ 285 U.S. 262 Full text of the opinion courtesy of Findlaw.com.
- ^ 285 U.S. 262, 272, citing Oklahoma law, 147, Session Laws 1925, Sec. 3.
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