Legal Opinion

Caldwell v. Village of Mountain Home

Idaho Supreme Court

Decided April 21, 1916PublishedCited by 10 opinions

APPEAL from the District Court of the Fourth Judicial District, for Elmore County. Hon. James R. Bothwell, Judge. Suit to enjoin the construction of, and payment for, a sewer system and disposal works. Judgment for defendants.

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APPEAL from the District Court of the Fourth Judicial District, for Elmore County. Hon. James R. Bothwell, Judge. Suit to enjoin the construction of, and payment for, a sewer system and disposal works. Judgment for defendants. The warning ordinances must particularly describe the works to be constructed, must be clear and specific, and, above all, must, be clear, definite and not misleading, so that the taxpayer may be able to determine, either from the ordinance itself or from it and the plats or other data specifically referred to in the ordinances, just what is proposed to be constructed.…

1Opinion of the CourtMorgan, J.

This action was commenced by appellant upon behalf of himself and others who are owners of property situated in local sewer improvement districts numbered 1 and 2 of the village of Mountain Home, or in one of such districts, which is liable for taxation for the purpose of constructing and maintaining a system of sewers and sewage disposal works therefor. The purpose of the action is to enjoin the respondents, the village of Mountain Home, the members of its board of trustees, its sewer commission, its clerk and treasurer, and the engineer and contractors who had in charge the *17construction of…

Also in this document: Concurrence.

2Cases cited3 opinions

  1. Williams v. City of CaldwellIdaho Supreme Court · 1911
  2. Dement v. City of CaldwellIdaho Supreme Court · 1912
  3. Clyde v. City of MoscowIdaho Supreme Court · 1913

3Cited by10 opinions

  1. Beco Construction Co. v. City of Idaho FallsIdaho Supreme Court · 1993
  2. Oregon Short Line R. R. Co. v. BergIdaho Supreme Court · 1932
  3. Clegg v. EustaceIdaho Supreme Court · 1925
  4. Fletcher v. WheatCourt of Appeals for the D.C. Circuit · 1938
  5. Seysler v. MoweryIdaho Supreme Court · 1916

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