Bankus v. City of Brookings

For several years plaintiff had operated a water system in the confines of defendant city of Brookings. In August of 1966, he made an agreement with a cemetery association to construct a water line to the cemetery. This required excavating a, ditch of about 2,000 feet in length and 2 feet wide along a, city street. - The city ordinance required plaintiff to obtain a city permit for this purpose. The pertinent sections of - the ordinance are in the margin. The ordinance authorized the city superintendent of streets to issue the permit. The ordinance, it will bé observed, also required a…