Bismarck Water Supply Co. v. City of Bismarck
North Dakota Supreme Court
Appeal by defendant from a judgment of the District Court for Burleigh County, 8. L. Nuchols, Special Judge, in plaintiff’s favor, in an action brought to recover expenses incurred in lowering its water main. Ordinance 188 by imposing an additional burden and obligation infringed upon and impaired defendant’s vested rights arising out of ordinance 83, and, to the extent of such impairment, is void. 15 Am. & Eng. Enc. Law, 2d.ed. p. 1032; Louisiana ex rel.
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Appeal by defendant from a judgment of the District Court for Burleigh County, 8. L. Nuchols, Special Judge, in plaintiff’s favor, in an action brought to recover expenses incurred in lowering its water main. Ordinance 188 by imposing an additional burden and obligation infringed upon and impaired defendant’s vested rights arising out of ordinance 83, and, to the extent of such impairment, is void. 15 Am. & Eng. Enc. Law, 2d.ed. p. 1032; Louisiana ex rel. Folsom v. New Orleans, 109 U. S. 285, 27 L. ed. 936, 3 Sup. Ct. Eep. 211; Freeland v. Williams, 131 U. S. 405, 33 L. ed. 193, 9 Sup. Ct.…
1Opinion of the CourtFisk, J.
Plaintiff was awarded judgment on the pleadings in the court below, and the defendant has appealed therefrom. The action is for the recovery of moneys necessarily expended by plaintiff in lowering its water main in Second street, between avenues A and B in the city of Bismarck, necessitated by reason of a change of grade of such street hy defendant city.
In substance the complaint alleges and the answer admits the following facts:
1. That on May 26, 1886, the city of Bismarck duly passed an ordinance, No. 83, granting to the Bismarck Water Company, its successors, and assigns a license to lay…
2Cases cited13 opinions
- Eachus v. Los Angeles Consolidated Electric Railway Co.California Supreme Court · 1894
- Wabash Railroad v. DefianceSupreme Court of the United States · 1897
- Searle v. City of LeadSouth Dakota Supreme Court · 1897
- Scranton Gas & Water Co. v. Scranton CitySupreme Court of Pennsylvania · 1906
- Eachus v. City of Los AngelesCalifornia Supreme Court · 1900
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Marks v. City of MandanNorth Dakota Supreme Court · 1941
- Cummings v. City of MinotNorth Dakota Supreme Court · 1937
- Des Moines City Railway v. City of Des MoinesSupreme Court of Iowa · 1927
- Anderson v. International School District No. 5North Dakota Supreme Court · 1915
- Leonard v. MedlangNorth Dakota Supreme Court · 1978
2 more not listed; retrieve them via the Exa API.