Legal Opinion

Jones v. City of Salem

Oregon Supreme Court

Decided June 4, 1912PublishedCited by 17 opinions

From Marion: William Galloway, Judge. Statement by Mr. Justice Bean. This is a suit by T. D. Jones and 58 others to enjoin the collection of certain assessments levied by Ordinances 821 and 876 of the city of Salem. The circuit court entered a decree sustaining the assessment by the first ordinance, and held that made by the latter to be void. Both parties appeal therefrom.

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From Marion: William Galloway, Judge. Statement by Mr. Justice Bean. This is a suit by T. D. Jones and 58 others to enjoin the collection of certain assessments levied by Ordinances 821 and 876 of the city of Salem. The circuit court entered a decree sustaining the assessment by the first ordinance, and held that made by the latter to be void. Both parties appeal therefrom. On January 25, 1909, the common council of the city of Salem passed a resolution declaring that it deemed it expedient to construct a sewer on all the territory lying south and east of the district drained by the Court…

1Opinion of the CourtJustice Bean

At the threshold of the case, we are met by the plaintiffs’ contention that the city officers gave the property owners no notice that their real estate was to be affected by the ordinance, for the reason that the attempted notice did not specify with convenient certainty the property included in the district and assessed for the improvement ; and that the notice, maps, plans, and specifications wholly failed to designate the boundaries of the drainage district, or to furnish a description of the property to be taxed. It is further claimed that the assessment for the construction of the sewer…

2Cases cited14 opinions

  1. Paulsen v. PortlandSupreme Court of the United States · 1893
  2. Paulson v. City of PortlandOregon Supreme Court · 1888
  3. Clinton v. City of PortlandOregon Supreme Court · 1894
  4. Bank of Columbia v. PortlandOregon Supreme Court · 1902
  5. Rogers v. City of SalemOregon Supreme Court · 1912

9 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Thurber v. McMinnvilleOregon Supreme Court · 1912
  2. Watson v. City of SalemOregon Supreme Court · 1917
  3. Smith v. JeffersonOregon Supreme Court · 1915
  4. Keane v. City of PortlandOregon Supreme Court · 1925
  5. Murray v. La GrandeOregon Supreme Court · 1915

12 more not listed; retrieve them via the Exa API.

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