Ogden City v. Bear Lake & River Waterworks & Irrigation Co.
Utah Supreme Court
Appeal from the Second District Court, Weber County. —Hon. H. H. Bolapp, Judge. The facts are stated by the court. Prom a judgment in favor of tbe defendants, the plaintiff appealed. Neither the city nor the taxpayers are estopped from contesting the validity of the proceedings if they ■act within a reasonable time. 2 Beach, Pub.
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Appeal from the Second District Court, Weber County. —Hon. H. H. Bolapp, Judge. The facts are stated by the court. Prom a judgment in favor of tbe defendants, the plaintiff appealed. Neither the city nor the taxpayers are estopped from contesting the validity of the proceedings if they ■act within a reasonable time. 2 Beach, Pub. Cor., sec. 1327; State v. Atlantic City, 9 Atl. 759; 15 A. & E. Enc. of Law, 1100; Seeger v. Mueller, 24 N. E. 515. Estoppel does not apply to the illegal acts of municipal corporations or acts done in violation of law. 1 Beach 217. Municipal corporations can only be…
1Opinion of the CourtMcCARTY, J.
While it is charged and alleged in the complaint, in general terms, that the contract entered into between Bothwell and Ogden City for the construction of the new waterworks system was fraudulent and collusive, *38and entered into for the purpose of sequestrating and forever destroying the waterworks system then owned by the city, there was not one scintilla of evidence offered to support these sweeping allegations; and there is absolutely nothing in the record that even suggests that any member of the city council or other officer of the city was guilty of fraud, or that the contract was…
2Cases cited11 opinions
- Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
- Wagner v. City of Rock IslandIllinois Supreme Court · 1893
- San Francisco Gas Co. v. City of San FranciscoCalifornia Supreme Court · 1858
- City of Indianapolis v. Indianapolis Gas-Light & Coke Co.Indiana Supreme Court · 1879
- City of Vincennes v. Citizens' Gas Light Co.Indiana Supreme Court · 1892
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3Cited by9 opinions
- Hopping v. Council of City of RichmondCalifornia Supreme Court · 1915
- Brown v. Salt Lake CityUtah Supreme Court · 1908
- Burton v. Salt Lake CityUtah Supreme Court · 1926
- Brown v. Tuskegee Light & Power Co.Supreme Court of Alabama · 1936
- Pioneer Investment & Trust Co. v. Board of EducationUtah Supreme Court · 1909
4 more not listed; retrieve them via the Exa API.