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· 2/24/1913

Hutchinson v. City of Valdosta

Citations

  • 227 U.S. 303
  • 33 S. Ct. 290
  • 57 L. Ed. 520
  • 1913 U.S. LEXIS 2300

Syllabus

<p>Where the charter gives the-municipality power to enact through the mayor and council 'such rules and regulations for its welfare and government, as they may deem best, and the highest court of the State has decided that an ordinance providing for a system of sewerage is within this delegation of power, this court will not declare such ordinance a violation of the due process or equal protection provisions of the Fourteenth Amendment, where the record does not show that the city was induced by anything other than the public good' or that such was not its effect.</p> <p>One of the commonest exercises of the police power of the State or municipality is to provide for a system of sewers and to compel property owners to connect therewith, and this duty may be enforced by criminal penalties without violating the due process or equal protection clauses of the Fourteenth Amendment.</p> <p>The Federal court will not interfere with the exercise of a salutary power and one necessary to the public health unless it is so palpably arbitrary as to justify the interference.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that “[i]t is the commonest exercise of the police power of a State or city to provide for a system of sewers and to compel property owners to connect therewith”
  • “It is the commonest exercise of the police power of a state or city to - 11 - provide for a system of sewers[.]”
  • “Numerous state courts have followed [the Supreme Court’s] holding that personal notice and a hearing are not required prior to ordering connection to a public sewer system”

Source: CourtListener parenthetical corpus (CC0).

Judges: McKenna

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.