Spring Water Co. v. Town of Monroe

Citations

• 55 Wash. 195
• 104 P. 202
• 1909 Wash. LEXIS 731

Syllabus

<p>Counties — Franchises — Legislative Validation — Highways. Laws 1905, p. 210, §§ 2, 3, validating franchises granted by the county commissioners to use county roads or highways “outside the limits” of incorporated cities or towns, to the extent that such roads have been actually occupied prior to the passage of the act, refers to grants made outside of city limits at the time of the attempted grant, and is not limited to franchises granted in territory still under control of the county commissioners at the time of the passage of the act (Crow, J., dissenting).</p> <p>Statutes — Retroactive Laws — Curative Acts — Municipal Corporations — Counties—Franchises. The legislature has power to pass a retroactive curative statute which validates the ultra vires county grant of franchises in public roads outside of the limits of a city, actually occupied, although the territory has since become incorporated as a town of the fourth class.</p> <p>Municipal Corporations — Incorporation — Epfect — Control op Streets — Prior Franchises. A town upon its incorporation does not acquire any such vested right to the control of its streets in virtue of its authority over streets, granted by Bal. Code, § 1011, as would prevent the legislature from legalizing prior franchises.</p>