Legal Opinion

Chance v. City of Portland

Oregon Supreme Court

Decided November 5, 1894PublishedCited by 9 opinions

Appeal from Multnomah: Loyal B. Stearns, Judge. This suit was instituted on October twenty-seventh, eighteen hundred and ninety, by twenty-seven property owners whose lots abut upon Second and South Second Streets, between the south line of Montgomery Street and the south line of Sheridan Street, in the City of Portland, to restrain the defendants from collecting an assessment levied for the purpose of making a street improvement.

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Appeal from Multnomah: Loyal B. Stearns, Judge. This suit was instituted on October twenty-seventh, eighteen hundred and ninety, by twenty-seven property owners whose lots abut upon Second and South Second Streets, between the south line of Montgomery Street and the south line of Sheridan Street, in the City of Portland, to restrain the defendants from collecting an assessment levied for the purpose of making a street improvement. On June fifth, eighteen hundred and eighty-nine, the plaintiffs and others, being the owners of more than two thirds of the adjacent property, petitioned the common…

1Opinion of the Court

Opinion by

Mr. Justice Wolverton.

It is conceded by the plaintiffs that the local assessment now under consideration, and all proceedings pertaining thereto, up to and inclusive of the letting of the contract to Jasper Ward, were and are perfectly regular, and within the legitimate powers of the common council of the City of Portland; but it is contended that the contractor *291did not make the improvement in all respects in compliance with the ordinance, and that therefore the assessment is void, and the plaintiffs are entitled to a perpetual injunction against the enforcement thereof. It is…

2Cases cited4 opinions

  1. Motz v. City of DetroitMichigan Supreme Court · 1869
  2. Emery v. BradfordCalifornia Supreme Court · 1865
  3. City of Henderson v. LambertCourt of Appeals of Kentucky · 1878
  4. Town of Elma v. CarneyWashington Supreme Court · 1894

3Cited by9 opinions

  1. Livesley v. JohnstonOregon Supreme Court · 1904
  2. Duniway v. PortlandOregon Supreme Court · 1905
  3. Austin v. Tillamook CityOregon Supreme Court · 1927
  4. Dennis v. WillaminaOregon Supreme Court · 1916
  5. Shannon v. PortlandOregon Supreme Court · 1900

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