Oliver v. Newberg
Oregon Supreme Court
Prom Yamhill: William Galloway, Judge. Statement by Mr. Justice Eakin. This is a suit brought by A. P. Oliver and others against the City of Newberg and others to enjoin the collection of an assessment of the expense of a street improvement upon abutting property. The street improved is known as “First Street," and was originally a county road, laid out by Yamhill County prior to the platting of any part of the City of Newberg and prior to its incorporation.
Read the full summary
Prom Yamhill: William Galloway, Judge. Statement by Mr. Justice Eakin. This is a suit brought by A. P. Oliver and others against the City of Newberg and others to enjoin the collection of an assessment of the expense of a street improvement upon abutting property. The street improved is known as “First Street," and was originally a county road, laid out by Yamhill County prior to the platting of any part of the City of Newberg and prior to its incorporation. The town was originally incorporated in 1889, and afterward, in 1893, a new act of incorporation was passed, repealing the old one. In…
1Opinion of the Court
Opinion by
Mr. Justice Eakin.
The plaintiffs seek to avoid liability for said assessment upon the ground that the said alleged First Street is a county road, and abutting property is not subj’ect to the expense of the improvements thereof under the city charter, and that, if liable, the city should have assessed to each lot only the expense of the improvement of the half street abutting thereon. The issues as to the manner in which improvements were made and the character oof the material used thereon are waived by the plaintiffs. Questions for consideration therefore are: Is the so-called…
2Cases cited11 opinions
- State v. JonesTexas Supreme Court · 1857
- Town of Ottawa v. WalkerIllinois Supreme Court · 1859
- Huddleston v. City of EugeneOregon Supreme Court · 1899
- Christian v. EugeneOregon Supreme Court · 1907
- McGrew v. StewartSupreme Court of Kansas · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- McCoy v. ThompsonOregon Supreme Court · 1917
- Bowers v. NeilOregon Supreme Court · 1912
- Cole v. SeasideOregon Supreme Court · 1916
- Smith v. JeffersonOregon Supreme Court · 1915
- Patterson v. AshlandOregon Supreme Court · 1920