Paris Mountain Water Co. v. City of Greenville
Supreme Court of South Carolina
Before Memminger, J., Greenville, October, 1915. Action by the Paris Mountain Water Company against the City of Greenville. From judgment dismissing the complaint, the plaintiff appeals.
Read the full summary
Before Memminger, J., Greenville, October, 1915. Action by the Paris Mountain Water Company against the City of Greenville. From judgment dismissing the complaint, the plaintiff appeals. The facts are stated in the opinion. submit: The legislation relied on by the city contravenes article VIII, section i of the Constitution of 1893. It must be especially noted that the classification of cities for the purpose of municipal legislation, must apply not only to all municipalities that are members of the class at the time, but also to those that may hereafter become so: 1 Dillon Munic. Corps.,…
1Opinion of the Court
The opinion of the Court en banc was delivered by
Mr. Justice Fraser.
The city of Greenville is supplied with water by the Paris Mountain Water Company, a private corporation. The city desires to own and operate its waterworks. Not being able to agree upon the purchase of plaintiff’s system, the city served notice of condemnation proceedings to take the plaintiff’s system at a price to be fixed by the juries. The plaintiff then brought suit to enjoin the proceedings. The defendant demurred to the complaint, and upon a hearing on Circuit the complaint was dismissed. From that order this appeal…
2Cases cited1 opinion
- Nexsen v. WardSupreme Court of South Carolina · 1914
3Cited by7 opinions
- City of Birmingham v. BrownSupreme Court of Alabama · 1941
- Paris Mountain Water Co. v. City of GreenvilleSupreme Court of South Carolina · 1918
- J. Blach & Sons, Inc. v. HawkinsSupreme Court of Alabama · 1939
- Tuomey Hospital v. City of SumterSupreme Court of South Carolina · 1964
- Coden Beach Marina, Inc. v. City of Bayou La BatreSupreme Court of Alabama · 1969
2 more not listed; retrieve them via the Exa API.