Lawton v. Steele

In Lawton v. Steele (1894) 152 U.S. 133, the court stated: To justify the state in thus interposing its authority in behalf of the public, it must appear, first, that the interests of the public generally, as distinguished from those of a particular class, require such interference; and, second, that the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive upon individuals. The Legislature may not, under the guise of protecting the public interests, arbitrarily interfere with private business, or impose unusual and unnecessary restrictions upon lawful occupations; in other words, its determination as to what is a proper exercise of its police powers is not final or conclusive, but is subject to the supervision of the courts." The Stockton Municipal Code recognizes this principle: "The Director shall pursue only the minimum level of correction or abatement as necessary to eliminate the immediacy of the hazard." (Stockton Mun. Code, 1-066, A.)