Cuyahoga River Power Co. v. City of Akron
240 U.S. 462 (1916)

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U.S. Supreme Court

Cuyahoga River Power Co. v. City of Akron, 240 U.S. 462 (1916)

Cuyahoga River Power Company v. City of Akron

No. 465

Argued October 20, 1915

Decided March 20, 1916

240 U.S. 462

Syllabus

As the bill in this case states that a municipality does not intend to institute proceedings to condemn, but does intend to take plaintiff's property rights without compensation, and has taken steps that will destroy such rights, and that, in so doing, it purports to be acting under an ordinance which violates the contract clause of, and the Fourteenth Amendment to, the federal Constitution, held that such municipal action is to be regarded as action of the state, and as the only way to determine whether plaintiff has rights that the municipality is bound to respect is to take jurisdiction and determine the case on the merits, the district court has jurisdiction.

The facts, which involve the jurisdiction of the district court, are stated in the opinion.

Page 240 U. S. 463

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