Lippencott v. Allander
Lippencott v. Allander
Opinion of the Court
The only question piesented for our determination in this case is, whether a party whose ferry
But the difference between deciding which of two or more persons applying therefor shall have a gratuitous grant of a ferry franchise, and the taking away or revolcng that franchise after it has become a vested right in the grantee, is too manifest to require argument to demonstrate. In the one case, the party is an unsuccessful applicant for a franchise, and fails to acquire any vested right or interest in it; in the other, he has secured the franchise and it has become his property, and the order revoking it takes from him his property, and that property, too, which he may voluntarily sell, or which may be sold under execution as real property. Bev. §§ 1240,1243.
Our statute provides for an appeal to the people from a decision of the board of supervisors in refusing or granting a license, and provides for the manner of submitting the appeal to the vote of the people. Bev. § 1227 et seg. This may be a very proper tribunal to appeal to, for determining who or which of the applicants shall receive a franchise from the public, to be used for the accommodation of the public, though for his individual profit. .
Our statute also provides, that an appeal is" allowed from all decisions of the board of supervisors on the merits of any matter affecting the rights or interests of individuals as distinguished from the public. Rev. §§ '267 and 312. Under this statute the plaintiff had the right to an appeal. The decision of the board of supervisors affected his rights and interests as distinguished from the public. The District Court erred in dismissing the appeal.
Reversed.
Reference
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