Legal Opinion

Grimes v. City of Seaside

Oregon Supreme Court

Decided January 29, 1918PublishedCited by 2 opinions

From Clatsop: James A. Bakin, Judge. Statement by Mr. Justice Moore. This is a suit by G. M. Grimes against tbe City of Seaside, a municipal corporation and G. E. Shaver its then marshal, to annul a contract for tbe paving of a part of Broadway Street, formerly known as Bridge Street, to enjoin, proceedings for the collection of a delinquent assessment, and to cancel the docket of city liens.

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From Clatsop: James A. Bakin, Judge. Statement by Mr. Justice Moore. This is a suit by G. M. Grimes against tbe City of Seaside, a municipal corporation and G. E. Shaver its then marshal, to annul a contract for tbe paving of a part of Broadway Street, formerly known as Bridge Street, to enjoin, proceedings for the collection of a delinquent assessment, and to cancel the docket of city liens. From a decree declaring the assessment valid, the lien thereof subsisting, foreclosing such encumbrance and directing a sale of the land benefited by the improvement, the plaintiff appeals.

1Opinion of the CourtJustice Moore

It is contended that the municipality was without jurisdiction to make the improvement, or to levy a special assessment for any part of the cost thereof upon adjacent land only, because the highway undertaken' to be benefited is a county road and subject to the control of the County Court of Clatsop County, Oregon. No reference to any of the provisions of the charter of the City of Seaside, adopted at a special election held February 28, 1912, will be made, nor will the proceedings undertaken by the council of that municipality, to initiate and make the improvement be alluded to, since it is…

2Cases cited5 opinions

  1. Johns v. City of PendletonOregon Supreme Court · 1913
  2. Cole v. SeasideOregon Supreme Court · 1916
  3. Schwiesau v. MahonCalifornia Supreme Court · 1895
  4. Sherrett v. PortlandOregon Supreme Court · 1915
  5. Temple v. PortlandOregon Supreme Court · 1915

3Cited by2 opinions

  1. Berry v. McCormickSupreme Court of Oklahoma · 1923
  2. Cole v. City of SeasideOregon Supreme Court · 1919

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