Shannon v. Portland
Oregon Supreme Court
From Multnomah: Alfred F. Sears, Jr., Judge. This is a suit by E. Shannon and others to enjoin the collection of certain street assessments made to defray the cost of improving and repairing East Water Street, between East Oak Street and Hawthorne Avenue, in the City of Portland.
Read the full summary
From Multnomah: Alfred F. Sears, Jr., Judge. This is a suit by E. Shannon and others to enjoin the collection of certain street assessments made to defray the cost of improving and repairing East Water Street, between East Oak Street and Hawthorne Avenue, in the City of Portland. The complaint alleges, in substance, that plaintiffs are the owners and in possession of certain lots and blocks abutting upon the improvement; that on August 7, 1895, upon petition of Dana, Albee & Walker, the Wolff & Zwicker Iron Works, and the Standard Oil Company, the common council of the City of Portland…
1Opinion of the CourtJustice Wolverton
Two questions are urged here, which, it is argued, are indisputably fatal to the validity of the alleged assessments. These are.(i) that no sufficient notice was ever given to the plaintiffs, nor were they afforded an opportunity of being heard upon the question of the proportion of the cost to- be assessed against each lot or parcel of land involved in. the suit, and therefore they were denied their day in court; and (2) the assessments against the abutting lots were not made upon the principle or basis of peculiar benefits accruing by reason of the improvement; and for both of these reasons…
2Cases cited12 opinions
- Paulsen v. PortlandSupreme Court of the United States · 1893
- Dewey v. Des MoinesSupreme Court of the United States · 1899
- O'Hara v. ParkerOregon Supreme Court · 1895
- Paulson v. City of PortlandOregon Supreme Court · 1888
- Wilson v. City of SalemOregon Supreme Court · 1893
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- McLeod v. LloydOregon Supreme Court · 1903
- Burrell v. City of PortlandOregon Supreme Court · 1912
- City of Lake Oswego v. Grimm's Fuel Co.Court of Appeals of Oregon · 1978
- Richards v. MohrOregon Supreme Court · 1914
- Koch v. RiceOregon Supreme Court · 1951
1 more not listed; retrieve them via the Exa API.