Barkley v. Oregon City
Oregon Supreme Court
Clackamas County: Loyal B. Stearns, Judge. This is a suit by Ida M. Barkley and others to restrain the collection of an assessment for grading and improving Seventh Street in Oregon City.
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Clackamas County: Loyal B. Stearns, Judge. This is a suit by Ida M. Barkley and others to restrain the collection of an assessment for grading and improving Seventh Street in Oregon City. The plaintiffs are owners of lots in said city upon which the assessment is a lien, and they ask for a perpetual injunction against its collection upon the ground that the proceedings preliminary tQ the levy thereof have not been in accordance with the charter of the city, which prescribes the several steps to bs taken in such cases. The material facts are that on the fourth of March, 1891, a petition…
1Opinion of the CourtJustice Moore
Did the council have jurisdiction to make the improvement? is the question presented by this appeal. The charter of Oregon City furnishes two methods for acquiring jurisdiction to make street improvements: (1) Sections 67-71 provide that the council may make street improvements by publishing a notice of its intention, particularly describing the street and character of the improvement, in four issues of some weekly newspaper of said city, and if no remonstrance from the resident owners of two thirds of the property abutting on said street be presented within ten days from the final…
2Cited by8 opinions
- City of Birmingham v. WillsSupreme Court of Alabama · 1912
- Clinton v. City of PortlandOregon Supreme Court · 1894
- Wingate v. AstoriaOregon Supreme Court · 1901
- Strout v. City of PortlandOregon Supreme Court · 1894
- Houck v. City of RoseburgOregon Supreme Court · 1910
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