Sandpoint Water & Light Co. v. City of Sandpoint
Idaho Supreme Court
APPEAL from tbe District Court of tbe Eighth Judicial District, for Bonner County. Hon. R. N. Dunn, Judge. Action to recover water rentals. Judgment for defendant. Franchise ordinances between municipalities and public utilities do not come within the contract clause of the constitu-, tion of the United States, and do not abrogate or prevent the exercise by the state of its police power in any manner it may consider just and proper.
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APPEAL from tbe District Court of tbe Eighth Judicial District, for Bonner County. Hon. R. N. Dunn, Judge. Action to recover water rentals. Judgment for defendant. Franchise ordinances between municipalities and public utilities do not come within the contract clause of the constitu-, tion of the United States, and do not abrogate or prevent the exercise by the state of its police power in any manner it may consider just and proper. (Idaho Power & Light Co. v. Blomguist, 26 Ida. 222, Ann. Cas. 1916E, 282, 141 Pac. 1088; State v. Superior Court, 67 Wash. 37, Ann. Cas. 1913D, 78, and notes, 120…
1Opinion of the CourtRice, J.
In the month of January, 1904, the respondent ‘city granted appellant’s predecessors a franchise for the construction and operation of a water system in the city of Sand-point. This franchise was subsequently assigned to appellant, and since the assignment appellant has continuously exercised the rights acquired thereunder. A schedule of rates was fixed in the franchise for various classes of private consumers, but a further provision was contained therein whereby the grantee was to furnish water to the city free of charge for street sprinkling and to the extent of its means in case of fire…
2Cases cited13 opinions
- Home Telephone & Telegraph Co. v. City of Los AngelesSupreme Court of the United States · 1908
- City of Cleveland v. Cleveland City Railway Co.Supreme Court of the United States · 1904
- State ex rel. Webster v. Superior CourtWashington Supreme Court · 1912
- Idaho Power & Light Co. v. BlomquistIdaho Supreme Court · 1914
- Vicksburg v. Vicksburg Waterworks Co.Supreme Court of the United States · 1907
8 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- State Ex Rel. Rich v. Idaho Power Co.Idaho Supreme Court · 1959
- Agricultural Products Corp. v. Utah Power & Light Co.Idaho Supreme Court · 1976
- Alpert v. Boise Water Corp.Idaho Supreme Court · 1990
- In re Searsport Water Co.Supreme Judicial Court of Maine · 1919
- Hillsboro v. Public Service CommissionOregon Supreme Court · 1920
27 more not listed; retrieve them via the Exa API.