McGilvery v. City of Lewiston
Idaho Supreme Court
APPEAL from the District Court of Second Judicial District for the County of Nez Perce. Hon. Edgar C. Steele, Judge. Action by the plaintiff to secure an injunction against the defendants proceeding with the construction of a sewer system and incurring the expenses necessary therefor. Judgment for the defendant, and plaintiff appealed.
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APPEAL from the District Court of Second Judicial District for the County of Nez Perce. Hon. Edgar C. Steele, Judge. Action by the plaintiff to secure an injunction against the defendants proceeding with the construction of a sewer system and incurring the expenses necessary therefor. Judgment for the defendant, and plaintiff appealed. The charter of the city contains no express provision authorizing the construction of these sewers otherwise than upon a city obligation, and to incur such an obligation the matter should have been submitted to a vote of the people as required by section 3 of…
1Opinion of the CourtAilshie, C. J.
The city of Lewiston has been acting under a special charter since 1863. The charter, however, involved in this action was granted by the legislative session of 1903 and is embodied in house bill No. 104 (Sess. Laws, 1903, p. 105 et seq.). Section 75 of that act (pp. 135-142) contains all of the provisions that require consideration or construction in this case. Acting under the authority conferred by the provisions of section 75 of the charter, the city council passed a resolution creating a sewer district and defining the boundaries thereof, which it designated the “Downtown Sewer…
2Cases cited40 opinions
- Litchfield v. BallouSupreme Court of the United States · 1885
- City of Valparaiso v. GardnerIndiana Supreme Court · 1884
- Winston v. City of SpokaneWashington Supreme Court · 1895
- Hellman v. ShoultersCalifornia Supreme Court · 1896
- Quill v. City of IndianapolisIndiana Supreme Court · 1890
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3Cited by22 opinions
- Feil v. City of Coeur D'AleneIdaho Supreme Court · 1912
- Crowe v. BoyleCalifornia Supreme Court · 1920
- Elliott v. McCreaIdaho Supreme Court · 1913
- City of Globe v. WillisArizona Supreme Court · 1915
- Hatfield v. City of CovingtonCourt of Appeals of Kentucky · 1917
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