Full case name ' End date 1932 | Citations 285 U.S. 262 (more) | |
Prior history 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. Majority Sutherland, joined by Van Devanter, McReynolds, Butler, Hughes, Roberts Dissent Brandeis, joined by Stone Similar Gonzales v Raich, West Coast Hotel Co v Parrish, Adkins v Children's Hospital, New York v United States, Lochner v New York | ||
New State Ice Co. v. Liebmann, 285 U.S. 262 (1932) 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.
Contents
Facts
The New State Ice Company had brought suit against Liebmann to prevent him from selling ice without a license.
Judgment
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."
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, with which Justice Stone joined. He said the following