34 N.E.2d 28 (Ind. 1941), 27500, Hollywood Theatre Corporation v. City of Indianapolis

Docket Nº27500.
Citation34 N.E.2d 28, 218 Ind. 556
Party NameHOLLYWOOD THEATRE CORPORATION v. CITY OF INDIANAPOLIS et al.
Case DateMay 22, 1941
CourtSupreme Court of Indiana

Page 28

34 N.E.2d 28 (Ind. 1941)

218 Ind. 556

HOLLYWOOD THEATRE CORPORATION

v.

CITY OF INDIANAPOLIS et al.

No. 27500.

Supreme Court of Indiana

May 22, 1941

[218 Ind. 557] Appeal from Superior Court, Marion County; Russell J. Ryan, judge.

[218 Ind. 558]

Page 29

Weiss, Born & Weiss, of Indianapolis, for appellant.

Edward H. Knight, Corp. Counsel, Michael B. Reddington, City Atty., and Oscar C. Hagemier, Asst. City Atty., all of Indianapolis, for appellees.

RICHMAN, Judge.

Under certain ordinances included in its Building Code and Municipal Code adopted in 1925, and amendments thereto, the City of Indianapolis required of appellant a license fee for operating its moving picture theater and that its building be inspected for compliance with regulatory provisions, some of which were designed to prevent fire hazards. The State Fire Marshal is given certain authority with respect to moving picture theaters by § 7 of Ch. 192 of the Acts of 1913, as amended by § 2 of Ch. 115 of the Acts of 1927 (§ 20-807, Burns' Stat.1933, § 9521, Baldwin's Stat.1934) and by Ch. 83 of the Acts of 1937 (§§ 20-1001 to 20-1013, Burns' Stat.Supp. §§ 4594-1 to 4594-13, Baldwin's Supp.1937). He promulgated rules and regulations and required payment by appellant of a license fee fixed by the latter statute. Appellant brought this action against the City and certain of its administrative officers for a declaratory judgment to the effect that the statutes by implication repealed the regulatory provisions of the ordinances so that appellant is not amenable thereto. The State Fire Marshal was not made a party. The [218 Ind. 559] evidence was stipulated and includes transcript of all Indianapolis ordinances deemed by either party to be material. The court found that most of the provisions of the codes, including those requiring the license fees, were not so repealed but that a classification basis provided by the Act of 1937 was inconsistent with and superseded the classification schedule contained in the City's code. Judgment was rendered accordingly. Appellant filed motion for new trial which was overruled. This appeal followed.

Appellant concedes that the ordinances under review are valid unless so repealed. There was no motion below and there is no request here to modify the judgment. We are not asked to pass on the validity of the statutes or of the State Fire Marshal's...

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4 practice notes
  • 333 N.E.2d 797 (Ind.App. 1 Dist. 1975), 1--275A27, City of Richmond v. S. M. O., Inc.
    • United States
    • Indiana Court of Appeals of Indiana
    • 15 Septiembre 1975
    ...exclusive authority not reserved to the state); Hollywood Theater Corp. v. City of Indianapolis [165 Ind.App. 644] (1941), 218 ind. 556, 34 N.E.2d 28 (parts of ordinance imposing less stringent regulations than statute are invalid). The statute which gives authority to the state to regulate......
  • 46 N.E.2d 823 (Ind. 1943), 27803, Board of Com'rs of Green County v. Usrey
    • United States
    • Indiana Supreme Court of Indiana
    • 1 Marzo 1943
    ...* * * seems not to have been questioned.' [42 Ind.App. 3, 85 N.E. 36.] In Hollywood Theatre Corporation v. City of Indianapolis, 1941, 218 Ind. 556, 34 N.E.2d 28, 30, it is stated that the Bessonies case was correctly decided on other grounds so that [221 Ind. 201] 'the language with refere......
  • 235 N.E.2d 162 (Ind. 1968), 30892, Ensign v. State
    • United States
    • Indiana Supreme Court of Indiana
    • 2 Abril 1968
    ...His authority to make rules and regulations does not include legislative power. Hollywood Theatre Corp. v. City of Indianapolis (1941), 218 Ind. 556, 34 N.E.2d 28; Town of Kirkland v. Everman (1940), 217 Ind. 683, 28 N.E.2d 73, 29 N.E.2d 206. Appellant's Motion to Quash should have been sus......
  • 505 P.2d 126 (Wash. 1973), 42080, City of Seattle v. Bittner
    • United States
    • Washington Supreme Court of Washington
    • 11 Enero 1973
    ...universally recognized and until this case not doubted. Greenberg v. Western Turf Ass'n, Supra; Hollywood Theatre Corp. v. Indianapolis, 218 Ind. 556, 34 N.E.2d 28 (1941); People v. Weller, 237 N.Y. 316, 143 N.E. 205, 38 A.L.R. 613 (1924), affirmed, 268 U.S. 319, 45 S.Ct. 556, 69 L.Ed. 978 ......
4 cases
  • 333 N.E.2d 797 (Ind.App. 1 Dist. 1975), 1--275A27, City of Richmond v. S. M. O., Inc.
    • United States
    • Indiana Court of Appeals of Indiana
    • 15 Septiembre 1975
    ...exclusive authority not reserved to the state); Hollywood Theater Corp. v. City of Indianapolis [165 Ind.App. 644] (1941), 218 ind. 556, 34 N.E.2d 28 (parts of ordinance imposing less stringent regulations than statute are invalid). The statute which gives authority to the state to regulate......
  • 46 N.E.2d 823 (Ind. 1943), 27803, Board of Com'rs of Green County v. Usrey
    • United States
    • Indiana Supreme Court of Indiana
    • 1 Marzo 1943
    ...* * * seems not to have been questioned.' [42 Ind.App. 3, 85 N.E. 36.] In Hollywood Theatre Corporation v. City of Indianapolis, 1941, 218 Ind. 556, 34 N.E.2d 28, 30, it is stated that the Bessonies case was correctly decided on other grounds so that [221 Ind. 201] 'the language with refere......
  • 235 N.E.2d 162 (Ind. 1968), 30892, Ensign v. State
    • United States
    • Indiana Supreme Court of Indiana
    • 2 Abril 1968
    ...His authority to make rules and regulations does not include legislative power. Hollywood Theatre Corp. v. City of Indianapolis (1941), 218 Ind. 556, 34 N.E.2d 28; Town of Kirkland v. Everman (1940), 217 Ind. 683, 28 N.E.2d 73, 29 N.E.2d 206. Appellant's Motion to Quash should have been sus......
  • 505 P.2d 126 (Wash. 1973), 42080, City of Seattle v. Bittner
    • United States
    • Washington Supreme Court of Washington
    • 11 Enero 1973
    ...universally recognized and until this case not doubted. Greenberg v. Western Turf Ass'n, Supra; Hollywood Theatre Corp. v. Indianapolis, 218 Ind. 556, 34 N.E.2d 28 (1941); People v. Weller, 237 N.Y. 316, 143 N.E. 205, 38 A.L.R. 613 (1924), affirmed, 268 U.S. 319, 45 S.Ct. 556, 69 L.Ed. 978 ......