| Mayor & City Council v. Baltimore County Water and Electric Co., 95 Md. 232, 52 A. 670 (1902)
Appeal from Baltimore City Circuit Court No. 2
OVERVIEW: The company filed this proceeding after its application for a permit to lay certain mains and pipes was refused. The court rejected the city officials' contention that the only remedy open to the company was by a petition to a court of law for a writ of mandamus. The court held that the company properly brought this action for an injunction to restrain interference with the laying of its mains. The court found that the 1886 Md. Laws 100 gave the company authority to lay water mains in certain villages. The Annexation Act, 1888 Md. Laws 98 made the part of the city where the company sought to lay the water pipes part of the city. 1891 Md. Laws ch. 123, § 6 provided that before the city could have delayed any pipes where other had laid then, the pipes should have been condemned. 1891 Md. Laws ch. 123, § 2 provided that the act should not have affected any vested rights and that all laws and ordinances not inconsistent with the act were continued and that the act should not have been construed to enlarge the powers of the mayor and city council. Therefore, the company's rights to lay pipes in the part of the city in which they sought to do so was not repealed.
Appellate Court Records:
COURT OF APPEALS (Docket) Mayor & City Council v. Baltimore County Water and Electric Co., 1902, April Term, case no. 25, p. 375, MdHR 640 [MSA S412-14, 1/66/14/45].
COURT OF APPEALS (Opinions) Mayor & City Council v. Baltimore County Water and Electric Co., 1902, April Term, case no. 25, MdHR 707-143 [MSA S393-193, 1/65/13/75]
COURT OF APPEALS (Records and Briefs) Mayor & City Council v. Baltimore County Water and Electric Co., 1902, April Term, case no. 28 [MSA S1733-186, 1/65/2/34]
Trial Court Records:
BALTIMORE CITY CIRCUIT COURT NO. 2 (Equity Docket A) Mayor & City Council v. Baltimore County Water and Electric Co., 1901, Volume 10A page 402, Case no. 5302 1/2A [MSA T996-10, 3/18/6/24]
BALTIMORE CITY CIRCUIT COURT NO. 2 (Equity Papers A) Mayor & City Council v. Baltimore County Water and Electric Co., 1901, Box 402, Case no. 5302 1/2A [MSA T56-205,
3/23/6/90]
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