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Superior Water, Light & Power Co. v. City of Superior, 263 U.S. 125 (1923)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Superior Water, Light & Power Co. v. City of Superior, 263 U.S. 125 (1923)
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Superior Water, Light & Power Co. v. City of Superior No. 57 Argued October 9, 1923 Decided November 12, 1923 263 U.S. 125
ERROR TO THE SUPREME COURT
OF THE STATE OF WISCONSIN
Syllabus
1. Where a municipality, with express power from the legislature, enters into a contract whereby, in consideration of the construction, maintenance, and operation of a water system by a water company, it grants the company the exclusive right to maintain and operate for a specified period and agrees to extend the term when it expires or to purchase the entire plant at a price to be determined by capitalizing the net earnings of the year preceding the purchase, the rights acquired by the company are rights of property which are not subject, under the Constitution, to be impaired by subsequent legislation attempting to substitute for the company’s franchises an "indeterminate permit" to continue in force until the municipality shall elect to purchase upon terms to be fixed by a state commission. P. 135.
2. A power to alter or repeal incorporation acts, reserved by state constitution, will not be held applicable to property rights of a corporation acquired by contract with a city when not clearly so construed by state decision antedating the contract. Id.
174 Wis. 257; 176 id. 626, reversed.
Error to a judgment of the Supreme Court of Wisconsin for the city in a suit by the Water Company to restrain the city from condemning the company’s plant, and praying specific performance of the city’s contract to purchase it or extend the company’s franchise.
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Chicago: U.S. Supreme Court, "Syllabus," Superior Water, Light & Power Co. v. City of Superior, 263 U.S. 125 (1923) in 263 U.S. 125 263 U.S. 126. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=1UBKD3KAEQ1HKSW.
MLA: U.S. Supreme Court. "Syllabus." Superior Water, Light & Power Co. v. City of Superior, 263 U.S. 125 (1923), in 263 U.S. 125, page 263 U.S. 126. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=1UBKD3KAEQ1HKSW.
Harvard: U.S. Supreme Court, 'Syllabus' in Superior Water, Light & Power Co. v. City of Superior, 263 U.S. 125 (1923). cited in 1923, 263 U.S. 125, pp.263 U.S. 126. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=1UBKD3KAEQ1HKSW.
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