City of Helena v. Rogan
Montana Supreme Court
Appeal from District Court, Leíais and Clarice County; J. M. Clements, Judge. CONDEMNATION proceedings for tlie purpose of establishing, a water supply system by the city of Helena against Hugh J. Rogan, the Ames Realty Company, and others. From a judgment for defendant the Ames Realty Company, plaintiff appeals.
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Appeal from District Court, Leíais and Clarice County; J. M. Clements, Judge. CONDEMNATION proceedings for tlie purpose of establishing, a water supply system by the city of Helena against Hugh J. Rogan, the Ames Realty Company, and others. From a judgment for defendant the Ames Realty Company, plaintiff appeals. Statement oj? the (’ase. • This cause is before us on appeal from the judgment of the district court in favor of the defendant Ames Realty Company and against the plaintiff. The plaintiff, in 1900, brought proceedings in the district-court of Lewis and Clarke county in eminent,…
1Opinion of the CourtJustice Milburn
Numerous points liaAm been argued and submitted, the attack *469being on tlie sufficiency of tlie complaint. Tliey are as follows:
1. Has tlie city tlie right to acquire by condemnation proceedings water rights for the purpose of establishing a water supply system for the purposes set out in the complaint? We think it has. House Bill 203 of 1897, amending Section 4800 of the Political Code of 1895, is entitled “Mu. Act toi amend Section 4800 of the Political Code relative to legislative powers of cities and to enable cities and towns to acquire by purchase, construction or condemnation proceedings…
2Cases cited8 opinions
- Smith v. DenniffMontana Supreme Court · 1900
- Ellinghouse v. TaylorMontana Supreme Court · 1897
- Matter of N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1877
- California Southern Railroad v. Southern Pacific RailroadCalifornia Supreme Court · 1884
- Metropolitan Elevated Railway Co. v. DominickNew York Supreme Court · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Allen v. PetrickMontana Supreme Court · 1924
- Carlson v. City of HelenaMontana Supreme Court · 1909
- Kelly v. Teton Prairie LLCMontana Supreme Court · 2016
- Montana Talc Co. v. Cyprus Mines Corp.Montana Supreme Court · 1987
- State Ex Rel. McMaster v. District CourtMontana Supreme Court · 1927
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