State v. Steenhoek , 182 N.W.2d 377 ( 1970 )

UHLENHOPP, Justice

(dissenting).

Individuals who destroy products not for the purpose of influencing prices are not required to obtain a permit from the county board of health. Individuals who destroy food products to increase prices must obtain such a permit. Thus the statute essentially deals with prices. Yet the statute contains no guidelines. The county board of health has unfettered control over those they will and will not grant a permit. As stated in Central States Theatre Corp. v. Sar, 245 Iowa 1254, 1260, 66 N.W.2d 450, 454:

“There are no standards fixed, no guideposts set up, no beacons lighted to show the trustees how far they may or may not go in granting or denying the license without which the stated businesses may not be operated. The trustees may, so far as the statute goes, deny any applicant a license for a good reason, for a bad reason, or for no reason.”

BECKER, J., joins in this dissent.