North Springs Water Co. v. City of Tacoma

Citations

• 21 Wash. 517
• 47 L.R.A. 214
• 58 P. 773
• 1899 Wash. LEXIS 320

Syllabus

<p>CONSTITUTIONAL LAW-IMPAIRING OBLIGATION OP CONTRACTS — DUE PROCESS OP LAW.</p> <p>Where the franchise granted by a city to a water company to supply water is not exclusive, the subsequent erection and operation of a water plant by the city in the same territory, under powers granted it by the legislature, does not constitute an impairment of the obligation of a contract nor a taking of private property without due process of law.</p> <p>MUNICIPAL CORPORATION S — CHARTER POWERS — SEANT ÓF FRANCHISE TO SUPPLY WATER — -POWER OF CITY TO COMPETE- — ESTOPPEL.</p> <p>Where a city is empowered to supply itself with water, either by granting the right to any person or corporation or by erecting and maintaining a water system itself, or by purchasing or condemning any existing system, and there is no restriction on the city’s employing any or all methods, the power granted is not in the alternative; and the grant of a franchise to a corporation to supply water would not estop the city from afterwards building and operating its own works in competition.</p>