The daily star-mirror. (Moscow, Idaho) 1911-1939, 1922-03-31
CITY HAS RIGHT
CONDEMN PROPERTY
IMPORTANT DECISION LEWISTON
COURT REGARDING REMOVAL
OF UNSIGHTLY BUILDINGS.

Judge Wallace N. Scales of the dis
rtrict court at Lewiston has handed
down decision affecting the right
of city council to order the removal
<Of condemned buildings within the
city limits, which Is of interest to the
residents of every incorporated city.
The decision was in the case of l.. A.
Porter, VS.. the city of Lewiston, in
which Porter asked an injunction re-
straining the council from carrying
out an order calling for the tearing
down of certain buildings which are
owned by Porter The Judge, in his
decision, declared that the city had
right to enact the ordinance for the
removal of the buildings and that in
doing SO they did not act arbitrarily
or with discrimination.
1t seems, according to the history
of the case, that in August, 1921, the
first chief and the city health officer
reported to the council that certain
buildings were dilapidated and un-
sanitary and had become nuisances
and recommended that they be torn
down. Porter demonstrated against
the decision and asked to have the
order revoked, which the council re-
fused. Porter then filed action in
the district court, with the result re-
cited at the beginning of this article.
The decision handed down by Judge
Scales is in part as follows:
Municipal corporations are usual
: ly given power to define, regulate and
aabate nuisances within their re-
spective limits; and in this case the
power has been given to the city of
Lewiston. There is no precise and
practical definition of the word 'nuis-
ances and are so recognized by the
law. Other things are of such a
character that in their nature they
may be nuisances but as to which
honest differences of opinion may ex
ist among men of impartial minds as
to whether they are actually nuis-
ances. Another class are those things
which in their nature are not in
themselves nuisances but which may
become such by reason of their To-
caIity, surroundings, or the manner
in which they are conducted.
"a municipal corporation has not
power to declare conclusively such a
thing to be nuisance, but can only
declare such of them to be nuisances
as are in fact so.
"In reviewing the ordinances of /
municipal corporations the courts
proceed upon much stricter rule
than that governing their decisions
in the case of enactments of a gem
eral legislature. 1t is generally con-
ceded that the legislature may law
fully delegate to municipal corpora
tions to be exercised within their cor
porate boundaries the power to de-
clare what shall constitute nuisance
and to prevent the same, and ordi-
nances adopted pusuant thereto are
usually sustained. And where a
thing may or may not be a nuisance,
on it's location, manage
ment or use, and the conditions ex-
listing in the municipality, thus re-
curing judgment and discretion in
the matter, the deter ]
of the question by the mu- t
cipality is held to be conclusive on '
the courts But the mere grant of
power to the municipality does not {
deprive the courts of their power to |
review it's determinations. All ordi- /
nances must be reasonable and the
powers therein must not be exer-
;ised arbitrarily or with discrim1na S
ion i
I'm the opinion of the court, under c
is charter the City of Lewiston had a a
light to enact the ordinance under i
whichlthe proceeding against the prop /
srty of the plaintiff were briught;
hat in the proceedings hereunder {
hey did not act arbitrarily or with
Luced on the hearing, in the opinion
# the court, sustains the findings OF
he council; but if the court did not 6
gree with the council as to its find t
ngs the evidence in this case is such v
hat the court would not be warrant o
d in interfering with the judgment j.
nd discretion of the council in de- d
laring said building to be nuisances. I
"As to the constitutional question, tt
he court does not believe in this case j.
hat the plaintiff is deprived of prop
rty without due process of law"
eThe Court will sign a decree deny
lg an injunction in this case Il
!. S. READY TO EXCHANGE W