Kinney v. City of Astoria
Oregon Supreme Court
From Clatsop: James A. Eakin, Judge. Statement by Mr. Justice Burnett. This is a writ of review proceeding by M. J. Kinney, against the city of Astoria.
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From Clatsop: James A. Eakin, Judge. Statement by Mr. Justice Burnett. This is a writ of review proceeding by M. J. Kinney, against the city of Astoria. At the inception of this proceeding the plaintiff filed in the circuit court of Clatsop County his petition containing the following allegations : “Your petitioner would represent that he is one of the parties concerned in the following described proceedings and is the fee-simple owner of the land attempted to be appropriated by the proceedings referred to. The city of Astoria, the above-named defendant, did on or about the 19th day of April,…
1Opinion of the CourtJustice Burnett
1. Section 604, L. O. L., provides:
“The writ shall be allowed by the circuit court or judge thereof, or by the county court or judge of the county wherein the decision or determination sought to be reviewed was made, upon the petition of the plaintiff, describing the same with convenient certainty, and setting forth the errors alleged to have been committed therein.”
We deem it unnecessary to consider more than the sufficiency of the petition. When a writ of review is granted, the tribunal granting it, in effect, says to the petitioner ex parte:
“The court will by its writ call for the…
2Cases cited3 opinions
- Holmes v. ColeOregon Supreme Court · 1908
- Fisher v. Union CountyOregon Supreme Court · 1903
- Raper v. DunnOregon Supreme Court · 1909
3Cited by6 opinions
- Sustar v. County CourtOregon Supreme Court · 1921
- South of Sunnyside Neighborhood League v. Board of CommissionersCourt of Appeals of Oregon · 1976
- Damascus Community Church v. Clackamas County Board of CommissionersCourt of Appeals of Oregon · 1978
- Fay v. PortlandOregon Supreme Court · 1921
- Gruetzke v. City of GreshamCourt of Appeals of Oregon · 1991
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