Foy v. Gardiner Water District
Supreme Judicial Court of Maine
Appeal in equity. Petition in equity by ten tax payers of the City of Gardiner asking an injunction against the Gardiner Water District, incorporated by an act approved Feby. 26, 1903, for the purpose of supplying that city and the towns of Randolph, Pittston and Farmingdale with pure water for domestic and municipal purposes.
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Appeal in equity. Petition in equity by ten tax payers of the City of Gardiner asking an injunction against the Gardiner Water District, incorporated by an act approved Feby. 26, 1903, for the purpose of supplying that city and the towns of Randolph, Pittston and Farmingdale with pure water for domestic and municipal purposes. The corporation was also empowered to acquire the property of the Maine Water Company, within the limits of the City of Gardiner and the towns named, by purchase or exercise of the right of eminent domain. By the terms of the act it was not to take effect until approved…
1Opinion of the CourtStrout, J.
The special act of February 26, 1903, provided in section 12, that it should take effect “when approved by a majority vote of the legal voters within said district” &c. The explanatory act of March 18, 1903, provided that the former act “shall take effect if approved by a majority vote of the legal voterse voting at the election held under the provisions of said (first) act.” Both acts became law at the date of their approval.
March 10, 1903, the municipal officers of Gardiner called a meeting of the inhabitants of the water district to be held on March 23, 1903, to vote upon the acceptance of…
2Cases cited3 opinions
- Carroll County v. SmithSupreme Court of the United States · 1884
- County of Cass v. JohnstonSupreme Court of the United States · 1877
- Harshman v. Bates CountySupreme Court of the United States · 1876
3Cited by6 opinions
- In Re East Bay Etc. Water Bonds of 1925California Supreme Court · 1925
- East Bay Municipal Utility District v. HadsellCalifornia Supreme Court · 1925
- Opinion of the JusticesSupreme Judicial Court of Maine · 1965
- Harrison v. BarksdaleSupreme Court of Virginia · 1920
- Cruzan v. KirkSupreme Court of Oklahoma · 1947
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