Wells v. City of Jackson
Wells v. City of Jackson
Opinion of the Court
Appellants are the owners of residences situated in subdivisions just outside the corporate limits of the City of Jackson. They are supplied with water by the City pursuant to Section 3577, Code of 1942. Within these subdivisions there are sewer lines which collect the sewage into mains. These mains, in turn, lead to the corporate limits of the City at which point they con
Appellants rely upon Section 28 of Chapter 494, Laws of 1950, which provides that all municipalities owning or operating any system or systems, ‘ ‘ as defined in this act,” may supply consumers residing outside of and within five miles of the corporate limits at a rate not to exceed twice the amount charged for such services within the municipality, and it is argued that since no sewer charge is made against persons residing within the municipality, the City cannot charge anything to those residing outside the City. We do not think that said Section 28 has any application here. The system defined in the act is not such a system as is here involved. The act is quite lengthy, but its general scheme is for the construction of public utility systems, including both water supply systems, sewerage systems and sewage disposal systems, by the issuance of revenue bonds to be retired out of the revenues derived from the operation of the systems. Such is not the system with which we are here dealing and the limitation of the sewer charge provided by Section 28 of the act has no application here.
Affirmed.
Reference
- Full Case Name
- Wells v. City of Jackson.
- Status
- Published
- Syllabus
- 1. Municipalities — charge for use of city sewerage system — users outside corporate limits — injunction denied. In suit to enjoin city from enforcing ordinance imposing charge on all persons outside corporate limits for use of city sewer system and from interfering with complainants' use of city system, where it appeared that sewer system had been constructed by city and paid for by direct revenue taxation upon property owners of city, and users outside city limits had paid no part of cost thereof, such users were not entitled to share in use thereof without compensation to city, and could not by injunctive relief, prevent city from disconnecting its line from their line at city limits to enforce charge levied for use of city sewerage system. Chap. 491 Secs. 112, 116, 129, and Chap. 494 Sec. 28, Laws 1950. Headnote as approved by Hall, J.