Leadville Water Co. v. City of Leadville
Supreme Court of Colorado
Error to the District Court of Lalce County. , This action was brought- for the purpose of obtaining a decree declaring void an ordinance adopted by the city council of the city of Leadville on the 23d day of June, 1891, fixing the water rents to be paid to the plaintiff company by the citizens of Leadville.
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Error to the District Court of Lalce County. , This action was brought- for the purpose of obtaining a decree declaring void an ordinance adopted by the city council of the city of Leadville on the 23d day of June, 1891, fixing the water rents to be paid to the plaintiff company by the citizens of Leadville. The complaint alleges that the plaintiff company was organized in the year 1878, for the purpose of building a system of waterworks to supply the town of Leadville and its inhabitants with water for fire, domestic, and other purposes; that on the 9th day of January, 1879, it entered into…
1Opinion of the CourtJustice Campbell
delivered the opinion of the .court.
It seems to be conceded that the contract, as set out in the complaint, if it can be construed as constituting an agreement upon prices for the use of water, is within the power of the city to make. No question is raised by either party as to the reasonableness or enforceability of that part thereof which provides the test or the method the city shall employ in fixing the schedule of rates. The contention of the appellant is that this ordinance is void for the following reasons:
First. There is no legislation in this state giving to a municipal corporation,…
2Cases cited9 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. MinnesotaSupreme Court of the United States · 1890
- Spring Valley Water Works v. City & County of San FranciscoCalifornia Supreme Court · 1890
- Jackson School Township v. FarlowIndiana Supreme Court · 1881
- Indiana, Bloomington & Western Railway Co. v. AdamsonIndiana Supreme Court · 1888
- City of Des Moines v. Des Moines Waterworks Co.Supreme Court of Iowa · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Malott v. SampleIndiana Supreme Court · 1905
- Ilfeld v. ZieglerSupreme Court of Colorado · 1907
- Board of County Commissioners v. Montezuma Water & Land Co.Supreme Court of Colorado · 1907
- Clavel v. FougnierSupreme Court of Colorado · 1936
- Stainer v. San Luis Valley Land & Mining Co.Court of Appeals for the Eighth Circuit · 1908