where city has authority by its charter to lease or otherwise dispose of its property city may lease its utilities without first having submitted the question to vote of the people, absent charter provisions to the contrary
How later courts described this case
- where city has authority by its charter to lease or otherwise dispose of its property city may lease its utilities without first having submitted the question to vote of the people, absent charter provisions to the contrary
Written by the judges who cited it.
The opinion
BERRY, Justice
(dissenting).
I am unable to agree with the majority opinion.
The Trust is either a legal entity separate and apart from the city or it isn’t. If Trust is not a separate legal entity from the city, then the constitutional restraints placed upon a city relative to the manner in which a bonded indebtedness may be incurred are applicable, and being applicable, the financing plan before us clearly violates the Constitution. If the Trust is a separate legal entity, then the city has clearly granted a franchise to Trust in violation of Art. 18, Secs. 5(a) and 7 of the Constitution.
I am of the firm conviction that Trust is a legal entity separate and apart from the city and that a franchise was granted in violation of the cited constitutional provisions.
For the reasons herein stated, I respectfully dissent.
I am. authorized to state that WILLIAMS, V. C. J., concurs in the foregoing dissenting view.