Keyser v. City of Boise
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Action to enjoin the City of Boise from removing by force a gasoline pump, installed by appellant on a public street, under a permit issued to him by the city.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Action to enjoin the City of Boise from removing by force a gasoline pump, installed by appellant on a public street, under a permit issued to him by the city. Demurrer to complaint sustained and judgment of dismissal When the right to use the streets is granted and accepted and all conditions imposed incident to the right performed, it ceases to be a mere license and becomes a valid contract. (4 McQuillin, Mun. Corp., sec. 1616, and authorities cited; 3 Abbott, Mun. Corp., sec. 919, p.…
1Opinion of the CourtBudge, C. J.
The appellant filed a complaint in the district court, setting up the following facts: That he was conducting a grocery business in Boise City; that respondent is a municipality in Ada county; that on the 4th day of May, 1915, the council of said city passed a resolution, upon his application, permitting and authorizing him to install a gasoline tank for the purpose of selling gasoline to automobilists and others; that pursuant to this permit, and relying thereon, he purchased a gasoline tank and pump and employed a skilled plumber to install the same; that the installation thereof was…
2Cases cited14 opinions
- Hibbard, Spencer, Bartlett & Co. v. City of ChicagoIllinois Supreme Court · 1898
- Lacy v. City of OskaloosaSupreme Court of Iowa · 1909
- First National Bank v. City of EmmetsburgSupreme Court of Iowa · 1912
- City of Norfolk v. ChamberlainSupreme Court of Virginia · 1892
- Emerson v. BabcockSupreme Court of Iowa · 1885
9 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Infanger v. City of SalmonIdaho Supreme Court · 2002
- State Ex Rel. Rich v. Idaho Power Co.Idaho Supreme Court · 1959
- Boise City v. SinselIdaho Supreme Court · 1952
- Evans v. JensenIdaho Court of Appeals · 1982
- Yellow Cab Taxi Service v. City of Twin FallsIdaho Supreme Court · 1948
15 more not listed; retrieve them via the Exa API.