Leach v. Port of Tillamook
Oregon Supreme Court
From Tillamook: Henry L. Benson, Judge. Statement by Mr. Justice Bean. This is a suit by W. H. Leach and Eva M. Leach against the Port of Tillamook, H. T. Botts, A. G. Beals, D. Fitzpatrick, James Walton, Jr., and M. F. Leach to remove a cloud upon title to real estate, created by the officers of the defendant port levying a tax, and to enjoin such proceedings. The circuit court sustained a demurrer to the complaint and dismissed the suit. Plaintiffs appeal.
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From Tillamook: Henry L. Benson, Judge. Statement by Mr. Justice Bean. This is a suit by W. H. Leach and Eva M. Leach against the Port of Tillamook, H. T. Botts, A. G. Beals, D. Fitzpatrick, James Walton, Jr., and M. F. Leach to remove a cloud upon title to real estate, created by the officers of the defendant port levying a tax, and to enjoin such proceedings. The circuit court sustained a demurrer to the complaint and dismissed the suit. Plaintiffs appeal. The plaintiffs allege, in substance, that they are citizens and taxpayers in Tillamook County; that they are owners of real and personal…
1Opinion of the CourtJustice Bean
The election and proceedings for changing the boundaries of the Port of Tillamook were considered by this court in the case of State of Oregon ex rel. v. Port of Tillamook et al., 62 Or. 332 (124 Pac. 637), wherein an opinion was rendered on the 18th of June, 1912. Therefore we will not discuss the same questions here. It was there held that, under our constitution, the legal voters of the corporation were not authorized to annex new territory to the port without the acquiescence of the voters of the part proposed to be annexed, and that such proceedings were a nullity; that the area…
2Cases cited13 opinions
- Taylor v. SecorSupreme Court of the United States · 1876
- State v. Port of TillamookOregon Supreme Court · 1912
- Hibernian Benevolent Society v. KellyOregon Supreme Court · 1895
- Bennett Trust Co. v. SengstackenOregon Supreme Court · 1911
- Yamhill County v. FosterOregon Supreme Court · 1909
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3Cited by12 opinions
- Thurber v. McMinnvilleOregon Supreme Court · 1912
- Las Animas & San Joaquin Land Co. v. PreciadoCalifornia Supreme Court · 1914
- Smith v. HurlburtOregon Supreme Court · 1923
- Couch v. MarvinOregon Supreme Court · 1913
- Dant & Russell, Inc. v. PierceOregon Supreme Court · 1927
7 more not listed; retrieve them via the Exa API.