Birmingham Interurban Taxicab Service Corp. v. McLendon

Const. Ala. 1901, § 220, reads:

“No person, firm, association or corporation shall be authorized or permitted to use the streets, avenues, alleys or public places of any city, town, or village for the construction or operation of any public utility or private enterprise, without first obtaining the consent of the proper authorities of such city, town or village.”

This section was construed in City of Montgomery v. Orpheum Taxi Co., 203 Ala. 103, 82 South. 117.

We there held that its terms, “contemplated the permanent preservation of the municipal right to control, by withholding consent, the use…