Madera Water Works v. Madera, 228 U.S. 454 (1913)

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Madera Water Works v. Madera

No. 229

Argued April 17, 18, 1913
Decided April 28, 1913
228 U.S. 454

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF CALIFORNIA

Syllabus

If the constitution of the state authorizes municipalities to construct utility plants as well after as before such plants have been built by private parties, one constructing such a plant takes the risk of what may happen, and cannot invoke the Fourteenth Amendment to protect him against loss by the erection of a municipal plant.

There is nothing in the Constitution of California that can be construed as a contract, express or implied, that municipalities will not construct water works that will compete with privately owned works built under the provisions of the constitution giving the right, subject to municipal regulation of charges, to lay mains in the street of municipalities where there are no public work.

185 F. 281 affirmed.

The facts are stated in the opinion.