Town of Valdez v. Valdez Dock Co.
District Court, D. Alaska
Valdez Bay is about 12 miles in length and about 3 miles in width. It is entirely surrounded by high mountains rising precipitously from the water’s edge except in a few places where some stream or valley between the mountains has formed a flat or gravel bar. Valdez is situated on such a flat, 3 or 4 miles in width and running back about 4 miles to the face of the Valdez Glacier.
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Valdez Bay is about 12 miles in length and about 3 miles in width. It is entirely surrounded by high mountains rising precipitously from the water’s edge except in a few places where some stream or valley between the mountains has formed a flat or gravel bar. Valdez is situated on such a flat, 3 or 4 miles in width and running back about 4 miles to the face of the Valdez Glacier. Lying along the water front of Valdez is a mud flat more than 1,500 feet from the mean high tide line out to deep water. At the outer edge of this mud flat, the water deepens abruptly, from ground exposed at extreme…
1Opinion of the Court
BROWN, District Judge.
Several questions were raised by the' defendant by motion to set aside the complaint and by demurrer, both of which were overruled, in order that, if pos*403sible, the case might be presented on the merits, and all the facts concerning the situation put in the record.
First. Defendant denies the right of plaintiff to enact Ordinance Ño. 90, as exceeding its authority.
Second. That the town of Valdez is without authority to extend its jurisdiction beyond the exterior boundaries of the town.
Third. That said ordinance is illegal and void, as it is an attempt to confiscate vested…
2Cases cited5 opinions
- Pennsylvania R. R. v. Montgomery County Passenger RailwaySupreme Court of Pennsylvania · 1895
- Barnett v. DenisonSupreme Court of the United States · 1892
- Commonwealth ex rel. Attorney General v. Bala & Bryn Mawr Turnpike Co.Supreme Court of Pennsylvania · 1893
- Hill v. MemphisSupreme Court of the United States · 1890
- Conradt v. MillerDistrict Court, D. Alaska · 1905
3Cited by3 opinions
- City of Hartford v. Connecticut Co.Supreme Court of Connecticut · 1928
- Cochran v. City of NomeDistrict Court, D. Alaska · 1944
- State v. Northwest Magnesite Co.Washington Supreme Court · 1947