State ex rel. Spring Water Co. v. Town of Monroe

Citations

• 40 Wash. 545
• 82 P. 888
• 1905 Wash. LEXIS 1023

Syllabus

<p>Counties — County Commissioners — Franchise for Laying Water Pepes in Highway- — -Authority to Grant. The county commissioners have no power to grant a franchise or permit to a water company for the purpose of laying water pipes under or along a public highway, since the power must be derived from the legislature, and cannot be implied from Bal. Code, § 342, giving them power to lay out and construct county roads.</p> <p>Same — -Void Franchise — Plea of Ratification — No Estoppel in Case of Ultra Vires. A water company that has made expenditures in reliance upon a franchise granted by public officers having no power to do so cannot claim a ratification, since the plea of estoppel does not prevail against the defense of ultra vires.</p>