Town of Lyons v. City of Longmont
Supreme Court of Colorado
Error to Boulder District Court. — Hon. James E. Garrigues; Judge. The town of Lyons and the city of Longmont are located on the St. Vrain, the former near the point where the stream emerges from the foot-hills, and the latter about nine miles below.
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Error to Boulder District Court. — Hon. James E. Garrigues; Judge. The town of Lyons and the city of Longmont are located on the St. Vrain, the former near the point where the stream emerges from the foot-hills, and the latter about nine miles below. The city of Longmont commenced an action against the town of Lyons and a number of private owners of property-in the town to condemn a right of way for a pipeline to carry water for domestic and other uses and purposes, for the inhabitants of the city, through, and under certain streets and alleys of the town, and also through certain parcels of…
1Opinion of the CourtJustice Gabbert
The sole question involved is, whether the city of Longmont has the right to condemn a right of way for its pipeline through the streets and alleys of the town of Lyons. Independent of statutory provisions cited by counsel for plaintiff in error, we think this right is conferred by the constitutional provision above quoted. It declares thát all persons and corporations shall, have the right of way across public, private and corporate lands, for the purpose of conveying water for domestic purposes. The intent of a constitutional provision is the law. Manifestly, the intent of the provision…
2Cases cited2 opinions
- Davis v. BurkeSupreme Court of the United States · 1900
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3Cited by25 opinions
- Davidson v. SandstromSupreme Court of Colorado · 2004
- People v. HinderliderSupreme Court of Colorado · 1936
- Yenter v. BakerSupreme Court of Colorado · 1952
- People v. PitcherSupreme Court of Colorado · 1916
- Colorado Project-Common Cause v. AndersonSupreme Court of Colorado · 1972
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