Houck v. City of Roseburg
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge.. Statement by Mr. Justice Eakin. This is a suit by Mary E. Houck, M. C. Gregory and Leona E. Abraham, against the City of Roseburg, a municipal corporation, A. N. Orcutt, its recorder, and J. D. Jarvis, its marshal, to enjoin the defendant city from collecting a sewer assessment.
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From Douglas: James W. Hamilton, Judge.. Statement by Mr. Justice Eakin. This is a suit by Mary E. Houck, M. C. Gregory and Leona E. Abraham, against the City of Roseburg, a municipal corporation, A. N. Orcutt, its recorder, and J. D. Jarvis, its marshal, to enjoin the defendant city from collecting a sewer assessment. On December 5, 1904, the city council of defendant city decided to construct a sewer on the south side of Oak Street, from Chadwick Street to Main Street, and by ordinance declared that the cost thereof should be assessed upon the property directly benefited thereby. On…
1Opinion of the CourtJustice Eakin
1. But one question is raised by the brief of appellants, viz.: Is the assessment of the cost of the construction of the sewer upon the property on the south side of the street void because it does not include all the property directly benefited? It may be stated as a rule in proceedings for the levy of an assessment for a street improvement that, if the council has acquired jurisdiction, equity will not grant an injunction to prevent the collection of the assessment for irregularities occurring in the subsequent proceedings on the complaint of the owner of property benefited by the…
2Cases cited13 opinions
- Paulson v. City of PortlandOregon Supreme Court · 1888
- King v. PortlandOregon Supreme Court · 1900
- Hughes v. City of PortlandOregon Supreme Court · 1909
- Clinton v. City of PortlandOregon Supreme Court · 1894
- City of Denver v. DumarsSupreme Court of Colorado · 1905
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Colby v. City of MedfordOregon Supreme Court · 1917
- Rogers v. City of SalemOregon Supreme Court · 1912
- Jones v. City of SalemOregon Supreme Court · 1912
- Bass v. City of CasperWyoming Supreme Court · 1922
- Drainage District No. 7 v. BernardsOregon Supreme Court · 1918
5 more not listed; retrieve them via the Exa API.