New State Ice Co. v. Liebmann
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| New State Ice Co. v. Liebmann | ||||||
 Supreme Court of the United States |
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| Argued February 19, 1932 Decided March 21, 1932 |
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| Full case name | ' | |||||
| 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. | |||||
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| 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.
[edit] See also
[edit] 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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