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VILLAGE OF LAPWAI v. ALLIGIER

No. 8367.

299 P.2d 475 (1956)

The VILLAGE OF LAPWAI, a Municipal Corporation, organized and existing under the Laws of the State of Idaho, Plaintiff-Respondent, v. Bert ALLIGIER and Luvica Alligier, husband and wife, Defendants-Appellants.

Supreme Court of Idaho.

June 27, 1956.

Attorney(s) appearing for the Case

J. H. Felton, William J. Jones, Lewiston, for appellants.

Paul W. Hyatt, Lewiston, W. S. Defenbach, Moscow, for respondent.

TAYLOR, Chief Justice.

In 1912 the plaintiff (respondent), an incorporated village, by ordinance authorized one Thomas D. Barton to construct, maintain and operate a waterworks system within the village, for the period of 25 years. The system was installed and operated by Barton until he sold it to defendants (appellants), husband and wife, in 1931. The defendants have continued the maintenance and operation down to the present time, subject to regulation by the public...

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