1892

Roanoke Gas Co. v. Roanoke


Supreme Court of Virginia
88 Va. 810, 14 S.E. 665
 

City was regrading and improving a street and uncovered buried gas lines. City notified Company that exposed pipes were an obstruction to public travel and needed to be lowered or removed. Company filed for injunction to prevent City from further exposing its gas pipes. Trial court denied request. Supreme Court affirmed.  The City had the right to require removal of the obstructions pursuant to its police power. The Company accepted the privilege to install gas lines subject to the right of the City to change the grade of its streets. Courts did not have the authority to restrain the City’s free and legitimate exercise of its police power.

Summary prepared by Judge Jonathan Apgar, 23rd Judicial Circuit in Virginia, for the William & Mary Property Rights Project, Marshall-Wythe School of Law, William & Mary ©2019.


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