Bradbury v. City of Idaho Falls
Idaho Supreme Court
APPEAL from the District Court of the Ninth Judicial District, for Bonneville County. Hon. James G. Gwinn, Judge. Action to enjoin the issuance and sale of municipal bonds. Judgment for defendants. Grants of power to municipal corporations are to be strictly construed, and such corporations possess only such powers as are expressly conferred or necessarily implied. Doubts as to the existence of a power are resolved against the corporation.
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APPEAL from the District Court of the Ninth Judicial District, for Bonneville County. Hon. James G. Gwinn, Judge. Action to enjoin the issuance and sale of municipal bonds. Judgment for defendants. Grants of power to municipal corporations are to be strictly construed, and such corporations possess only such powers as are expressly conferred or necessarily implied. Doubts as to the existence of a power are resolved against the corporation. (2 Sutherland on Statutory Construction, see. 551, p. 1027, and cases cited in notes; 1 Dillon on Municipal Corp., sec. 237, p. 449, and cases cited in…
1Opinion of the CourtMorgan, J.
It appears from the pleadings and from a stipulation of facts, submitted to the district court in lieu of evidence, that the city council of Idaho Falls passed an. ordinance declaring it to be necessary and advisable for the city to incur an indebtedness; and to issue bonds, in the sum of $35,000, for the purpose of providing necessary funds to pay the cost' of acquiring an adequate electric light and power plant “by enlarging, extending, repairing, altering and improving” the plant it owned. Pursuant to the ordinance an election was held which resulted in favor of the indebtedness being…
2Cases cited9 opinions
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- People Ex Rel. City of Olean v. Western New York & Pennsylvania Traction Co.New York Court of Appeals · 1915
- Farwell v. City of SeattleWashington Supreme Court · 1906
- Sharkey v. City of ButteMontana Supreme Court · 1916
- City of Independence v. ClevelandSupreme Court of Missouri · 1902
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3Cited by6 opinions
- Rowe v. City of PocatelloIdaho Supreme Court · 1950
- King v. Independent School DistrictIdaho Supreme Court · 1928
- School District No. 6 in Chase County v. RobbSupreme Court of Kansas · 1939
- Lyons v. BottolfsenIdaho Supreme Court · 1940
- Muscatine Lighting Co. v. City of MuscatineSupreme Court of Iowa · 1928
1 more not listed; retrieve them via the Exa API.