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Olan Mills, Inc. v. City of Nicholasville

OLAN MILLS, Inc., a Tennessee Corporation v. CITY OF NICHOLASVILLE, Kentucky

Olan Mills, Inc. v. City of Nicholasville, 280 S.W.2d 522 (Ky. Ct. App. 1955)
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Court
Court of Appeals of Kentucky · State Appellate Courts
Decided
June 17, 1955
Judges
Cammack, Stewart
Citations
280 S.W.2d 5221955 Ky. LEXIS 171

Opinion of the Court — Stewart

Text extracted by OCR from a scanned original; check the original for exact wording.

STEWART, Chief Justice.

This appeal is from the refusal of the lower court to grant injunctive relief against the enforcement of compliance by Olan Mills, Inc., a nonresident corporation, with an ordinance of the City of Nicholas-ville.

That municipality imposes an annual license fee of $50 upon each photograph gallery, itinerant photographer or photographer maintaining a shop within the city limits.

This Nicholasville. ordinance, with respect to a nonresident person,-firm or corporation doing photography business in that city,.is subject to the same objection pointed out in an Elizabethtown ordinance in Olan Mills, Inc., v. City of Elizabethtown, etc., Ky. 269 S.W.2d 201 . The facts in this case; mutatis mutandis, are similar to those set fortlrin the City of Elizabethtown case, *523 and the legal principle on which the latter case turned controls here! It follows appellant was entitled to the injunctive relief it sought. See also Cordell v. Commonwealth, Ky., 254 S.W.2d 484 ; Olan Mills, Inc., v. City of Maysville, etc., Ky., 272 S.W.2d 460 .

Wherefore, the judgment is. reversed with directions that it be set aside and a new one entered declaring the ordinance void to the extent that it applies to appellant and any nonresident person, firm or corporation engaged in interstate commerce in the City of Nicholasville.

CAMMACK, J., dissenting.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1960: 11961: 11963: 11994: 119602026peak 1960 · 1

Relies on it most ⓘ

  1. Haden v. Olan Mills, Inc.135 So. 2d 388 (Ala. 1961)
  2. Olan Mills, Inc. of Ohio v. City of Barre194 A.2d 385 (Vt. 1963)
  3. Williams Distributing Co. v. Franklin884 S.W.2d 503 (Tex. App.—Dallas 1994)
  4. Mills v. Town of Kingstree115 S.E.2d 52 (S.C. 1960)

Most recent

  1. Williams Distributing Co. v. Franklin884 S.W.2d 503 (Tex. App.—Dallas 1994)
  2. Olan Mills, Inc. of Ohio v. City of Barre194 A.2d 385 (Vt. 1963)
  3. Haden v. Olan Mills, Inc.135 So. 2d 388 (Ala. 1961)
  4. Mills v. Town of Kingstree115 S.E.2d 52 (S.C. 1960)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Cordell v. Commonwealth ex rel. City of Prestonsburg, 254 S.W.2d 484 (Ky. Ct. App. 1953) 6
Olan Mills, Inc. v. City of Elizabethtown, 269 S.W.2d 201 (Ky. Ct. App. 1954) 5
Olan Mills, Inc. v. City of Maysville, 272 S.W.2d 460 (Ky. Ct. App. 1954) 2

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