Legal Opinion

Opelika Sewer Co. v. City of Opelika

District Court, M.D. Alabama

Decided April 3, 1922Published

Tn Equity. Suit by the Opelika Sewer Company against the City of Opelika. On motion by complainant for preliminary injunction and by defendant to dismiss bill.

1Opinion of the Court

CRAYTON, District Judge.

The plaintiff, Opelika Sewer Company, a public utility corporation, alleges in its biff that the defendant, city of Opelika, in April, 1902, adopted an amended ordinance granting to the Sanitary Sewer Company of Philadelphia, and its successors, permission to construct, operate, and maintain a sanitary sewerage system in the city for a period of 30 years. Section 6 of the ordinance provided that the sewer company, and its successors, are “authorized to *156charge not in excess of the following annual rates for sewerage .service, which said rates may be collected quarterly…

2Cases cited26 opinions

  1. Willcox v. Consolidated Gas Co.Supreme Court of the United States · 1909
  2. City of Knoxville v. Knoxville Water Co.Supreme Court of the United States · 1909
  3. Gelpcke v. DubuqueSupreme Court of the United States · 1864
  4. Home Telephone & Telegraph Co. v. City of Los AngelesSupreme Court of the United States · 1908
  5. Des Moines Gas Co. v. City of Des MoinesSupreme Court of the United States · 1915

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