Wagoner v. City of La Grande
Oregon Supreme Court
From Union: John W. Knowles, Judge. In Banc. This is a suit brought to enjoin the defendants from enforcing municipal liens imposed on the property of plaintiffs to pay 75 per cent of the cost of a street improvement. The case grows out of the same improvement as that involved in Birnie v. La Grande, 78 Or. 531, 537 (153 Pac. 415). It was there held that “to cure the invalidity in the proceedings it was necessary that they be had de novo.”
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From Union: John W. Knowles, Judge. In Banc. This is a suit brought to enjoin the defendants from enforcing municipal liens imposed on the property of plaintiffs to pay 75 per cent of the cost of a street improvement. The case grows out of the same improvement as that involved in Birnie v. La Grande, 78 Or. 531, 537 (153 Pac. 415). It was there held that “to cure the invalidity in the proceedings it was necessary that they be had de novo.” After the decision in that case an attempt was made to amend the charter of the City of La Grande at an election held December 13, 1915. The amendment…
1Opinion of the Court
MoCAMANT, J. —
1, 2. A preliminary question is discussed in the briefs as to the validity of the amendment of the charter attempted in December, 1915. The proceedings in connection with the amendment have not been received in evidence. The amended complaint, after referring to the amendment of the charter made in 1913, alleges:
“That thereafter on December 13th, 1915, upon initiative petition, there was attempted to be enacted and passed by a majority vote of the legal voters of the said City of La Grande, at an election duly and regularly held in said city for said purpose a ‘Proposed Amended…
2Cases cited35 opinions
- Bauman v. RossSupreme Court of the United States · 1897
- Kadderly v. PortlandOregon Supreme Court · 1903
- Caseday v. LindstromOregon Supreme Court · 1904
- Ex parte HaskellCalifornia Supreme Court · 1896
- Colby v. City of MedfordOregon Supreme Court · 1917
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3Cited by23 opinions
- Boyle v. City of BendOregon Supreme Court · 1963
- State ex rel. Pierce v. SlusherOregon Supreme Court · 1926
- Drewry v. WelchCalifornia Court of Appeal · 1965
- Brown v. SllvertonOregon Supreme Court · 1920
- State Ex Rel. City of Huntington v. HeffleyWest Virginia Supreme Court · 1944
18 more not listed; retrieve them via the Exa API.