Lais v. Silverton
Oregon Supreme Court
From Marion: William Galloway, Judge. Department 2. Statement by Mb. Justice Benson. This is a suit by J. G. Lais, J. M. Brown, E. J. Brown, M. Small, J. H. Brewer, A. F. Blackerby and Sophia Blackerby to enjoin the City of Silverton from improving McClaine Street in said city.
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From Marion: William Galloway, Judge. Department 2. Statement by Mb. Justice Benson. This is a suit by J. G. Lais, J. M. Brown, E. J. Brown, M. Small, J. H. Brewer, A. F. Blackerby and Sophia Blackerby to enjoin the City of Silverton from improving McClaine Street in said city. The substance of the controversy is that the charter of the city provides, inter alia, that where it is decided that an improvement shall be made, notice thereof shall be published, “and until five days after the expiration of said notice the owner or owners of two thirds of the property next adjacent thereto may make…
1Opinion of the CourtJustice Benson
As upon the former appeal, the only question for consideration herein relates to the sufficiency of the remonstrance against the improvement. In the prior opinion it was held that in determining the controversy the superficial area of each tract should be represented upon the remonstrance. At the second hearing it was contended by defendant that a certain large tract of land owned by Matthew Small is bisected by a street, thereby isolating the southern portion of the tract from the proposed improvement and eliminating it from the remonstrance. It is conceded by counsel that, if the…
2Cases cited4 opinions
- State ex rel. Barber Asphalt Paving Co. v. City of St. LouisSupreme Court of Missouri · 1904
- Nodine v. UnionOregon Supreme Court · 1903
- City of New Albany v. CookIndiana Supreme Court · 1867
- Romig v. City of LafayetteIndiana Supreme Court · 1870
3Cited by1 opinion
- Lily Penn Food Stores, Inc. v. CommonwealthCommonwealth Court of Pennsylvania · 1984