Oury v. Goodwin
Arizona Supreme Court
APPEAL from a judgment of the District Court of the Second Judicial District in and for the County of Maricopa. Joseph H. Kihbey, Judge. The facts are stated in the opinion.
1Opinion of the CourtGooding, C. J.
This is an action under title 22 “Eminent Domain,” of the Revised Statutes of Arizona, act approved March 9, 1887, to condemn real estate of appellant for the purpose of a canal or ditch for irrigating purposes. The appellant contends—1. That the legislature had no power to pass the act; 2. That the court, and not the legislature, must be the final judge of what is a public use, as distinguished *260from a private use; and 3. That the use in this case is private, and not public.
These are questions of the utmost importance in this territory, and have been presented and argued with ability…
2Cases cited27 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1873
- Barbier v. ConnollySupreme Court of the United States · 1885
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3Cited by25 opinions
- Butte, Anaconda & Pacific Railway Co. v. Montana Union Railway Co.Montana Supreme Court · 1895
- Grover Irrigation & Land Co. v. Lovella Ditch, Reservoir & Irrigation Co.Wyoming Supreme Court · 1913
- Nash v. ClarkUtah Supreme Court · 1904
- City of Phoenix v. Phoenix Civic Auditorium & Convention Center Ass'nArizona Supreme Court · 1965
- Smith v. CameronOregon Supreme Court · 1922
20 more not listed; retrieve them via the Exa API.