Clinton v. City of Portland
Oregon Supreme Court
Appeal from Multnomah: Loyal B. Stearns, Judge. 'Phis is a suit by Richard Clinton and Geo. W. McCoy to enjoin the chief of police of the City of Portland from selling certain lots of the plaintiff in said city, and to cancel an assessment made thereon for the improvement of Fifth Street in the former City of Bast Portland, which is now consolidated with the City of Portland, and forms a part thereof.
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Appeal from Multnomah: Loyal B. Stearns, Judge. 'Phis is a suit by Richard Clinton and Geo. W. McCoy to enjoin the chief of police of the City of Portland from selling certain lots of the plaintiff in said city, and to cancel an assessment made thereon for the improvement of Fifth Street in the former City of Bast Portland, which is now consolidated with the City of Portland, and forms a part thereof. The plaintiffs allege that the. proceedings of the common council of the City of East Portland were insufficient to support the jurisdiction assumed by it on making the improvement, and that the…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
1. It is contended that the common council failed to pass an ordinance declaring its intention to make the improvement, and that a resolution directing the city recorder to publish a notice thereof was not a sufficient compliance with the requirements of the charter. Section 2 of article VI of the charter of East Portland (Laws, 1885, p. 303,) provides that when any improvement of the streets is to be made the council shall cause the recorder to give notice of the same, etc. The charter does not require an ordinance in such cases, and where it commits the decision…
2Cases cited6 opinions
- City of Sterling v. GaltIllinois Supreme Court · 1886
- Wilson v. City of SalemOregon Supreme Court · 1893
- Dowell v. City of PortlandOregon Supreme Court · 1886
- Ladd v. SpencerOregon Supreme Court · 1892
- Becker v. City of WashingtonSupreme Court of Missouri · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Kerker v. BocherSupreme Court of Oklahoma · 1908
- City of Bartlesville v. HolmSupreme Court of Oklahoma · 1914
- City of Sedalia ex rel. Gilsonite Construction Co. v. MontgomerySupreme Court of Missouri · 1910
- Rogers v. City of SalemOregon Supreme Court · 1912
- City of Sedalia ex rel. Gilsonite Construction Co. v. MontgomeryMissouri Court of Appeals · 1904
20 more not listed; retrieve them via the Exa API.