Darling v. City of Newport News
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP APPEALS OP THE STATE OF VIRGINIA. The case is stated in the opinion. The Virginia statutes give the lessee a property right (Powell v. Tazewell, 66 Virginia, 786; McCready v. Virginia, 94 U. S. 391), viz., the absolute and exclusive use and occupancy of this ground for a period of twenty years, with the right to renew for another period of twenty years, upon the same terms and conditions as set out in the original lease from the State.
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ERROR TO THE SUPREME COURT OP APPEALS OP THE STATE OF VIRGINIA. The case is stated in the opinion. The Virginia statutes give the lessee a property right (Powell v. Tazewell, 66 Virginia, 786; McCready v. Virginia, 94 U. S. 391), viz., the absolute and exclusive use and occupancy of this ground for a period of twenty years, with the right to renew for another period of twenty years, upon the same terms and conditions as set out in the original lease from the State. How then can the State afterwards grant to the city the authority to take and destroy this property without providing any…
1Opinion of the CourtJustice Holmes
The plaintiff in error brought this bill in equity to prevent the City of Newport News from discharging its sewage in such a way as to pollute and ruin the,plaintiff’s oysters upon his beds under the tidal waters of Hampton Roads. A demurrer was sustained by the court of first instance and on appeal by the Supreme Court of Appeals, and the bill was dismissed. 123 Virginia, 14. The material facts are few. The plaintiff holds leases of the beds from the State. The original ones were made in 1884 and 1885 for twenty years. In 1903, 1905 and 1912 they were what is called reassigned to the…
2Cases cited4 opinions
- Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Missouri v. IllinoisSupreme Court of the United States · 1906
- Trimble v. City of SeattleSupreme Court of the United States · 1914
3Cited by33 opinions
- State v. LainTexas Supreme Court · 1961
- Colberg, Inc. v. State of California Ex Rel. Dept. Pub. Wks.California Supreme Court · 1967
- Arizona Center for Law in the Public Interest v. HassellCourt of Appeals of Arizona · 1992
- Pace v. State Ex Rel. RiceMississippi Supreme Court · 1941
- Melody L. Simmons v. United States Department of Justice, Federal Bureau of InvestigationCourt of Appeals for the Fourth Circuit · 1986
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