Legal Opinion

City of Moorhead v. Union Light, Heat & Power Co.

District Court, D. Minnesota

Decided October 26, 1918PublishedCited by 7 opinions

In Equity. Suit by the City of Moorhead against the Union Eight, Heat & Power Company, with cross-bill. On motions by each party for preliminary injunction and by complainant to dismiss cross-bill.

1Opinion of the Court

AMIDO'N, District Judge.

Plaintiff, the city of Moorhead, is a municipal corporation operating under a home rule charter adopted by its people March 22, 1900. That charter (section 223), provides that every ordinance by which the council shall propose to grant any franchise shall contain all the terms and conditions of. the franchise, and it shall be a feature of every franchise so granted that the maximum price of the service shall be stated in the grant, and before t.he ordinance shall become effective it shall be submitted to, and approved by, the qualified voters of the city.

On the 6th day…

2Cases cited15 opinions

  1. Marble Co. v. RipleySupreme Court of the United States · 1870
  2. Home Telephone & Telegraph Co. v. City of Los AngelesSupreme Court of the United States · 1908
  3. Dermott v. JonesSupreme Court of the United States · 1865
  4. Detroit v. Detroit Citizens' Street Railway Co.Supreme Court of the United States · 1902
  5. Guffey v. SmithSupreme Court of the United States · 1915

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3Cited by7 opinions

  1. Lenawee County Gas & Electric Co. v. City of AdrianMichigan Supreme Court · 1920
  2. Hutchinson Gas & Fuel Co. v. Wichita Natural Gas Co.Court of Appeals for the Eighth Circuit · 1920
  3. Ohio Citizens Trust Co. v. Air-Way Electric Appliance Corp.District Court, N.D. Ohio · 1944
  4. City of University Place v. Lincoln Gas & Electric Light Co.Nebraska Supreme Court · 1922
  5. City of Watertown v. Watertown Light & Power Co.South Dakota Supreme Court · 1919

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