Village of Lapwai v. Alligier

TAYLOR, Chief Justice.

In 1912 the plaintiff (respondent), an incorporated village, by ordinance authorized one Thomas D. Barton to construct, maintain and operate a waterworks system within the village, for the period of 25 years. The system was installed and operated by Barton until he sold it to defendants (appellants), husband and wife, in 1931. The defendants have continued the maintenance and operation down to the present time, subject to regulation by the public utility commission. The franchise, or right, granted by the ordinance, expired by its terms December 6, 1937, and was never…