1897

Wallace v. Richmond

Supreme Court of Virginia

94 Va. 204, 26 S.E. 586

Resolution of the City Council on April 2, 1865, called for the destruction of all liquor in the City in the face of advancing Federal troops. In 1871, owner brought suit to recover the value of the destroyed property in the amount of $30,000. At trial in 1893, jury found for City and judgment was entered. The question on appeal was: did Council have the right to direct the destruction of owner’s liquor and bind the City to pay for it? The City charter only authorized eminent domain for taking private property for streets or other public purposes. There was no power given for the destruction of liquor. Additionally, there was no authority in the charter that allowed Council to bind the City with a promise to pay for liquor destroyed and any attempt was ultra vires and void. Supreme Court affirmed dismissal.

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