Legal Opinion

Williams v. City of Caldwell

Idaho Supreme Court

Decided March 10, 1911PublishedCited by 8 opinions

APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Fremont Wood, Judge. Action by plaintiff to enjoin the issuance of bonds. Judgment for the defendant and the plaintiff appealed.

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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Fremont Wood, Judge. Action by plaintiff to enjoin the issuance of bonds. Judgment for the defendant and the plaintiff appealed. The power to make improvements such as this and to assess; the cost thereof against • abutting property is a special and limited one, and “can only be exercised in the mode pointed out by the act which grants it. ” (Hawthorne v. City of Port- - land, 13 Or. 271, 10 Pae. 342.) The statute requires the ordinance of intention to describe the general character of the sewer system to be…

1Opinion of the CourtAilshie, Presiding J.

This action was instituted by the plaintiff on his own behalf and on behalf of sundry other persons sought to be assessed in “Local Lateral Sewer Improvement District No. 3 of the City of Caldwell. ’ ’ The city council passed an ordinance, No. 167, setting forth their intention to organize a sewer district and to issue bonds for the construction of a sewer system. This was followed by an ordinance, No. 174, of the city of Caldwell establishing and bounding the district and providing for the construction of the *519sewerage system. In pursuance of the ordinance of intention and the further…

2Cases cited2 opinions

  1. Chase v. TroutCalifornia Supreme Court · 1905
  2. Haughawout v. RaymondCalifornia Supreme Court · 1905

3Cited by8 opinions

  1. Andrews v. North Side Canal Co.Idaho Supreme Court · 1932
  2. Armstrong v. JarronIdaho Supreme Court · 1912
  3. Caldwell v. Village of Mountain HomeIdaho Supreme Court · 1916
  4. McEwen v. City of Coeur D'AleneIdaho Supreme Court · 1913
  5. Dement v. City of CaldwellIdaho Supreme Court · 1912

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