MacVeagh v. Multnomah County

ROSSMAN, J.,

Dissenting.—Upon rehearing the respondents stress the fact that the appellants have not contended that the county officials failed to comply with those portions of the statute, 1913 Session Laws, Chapter 89, which provide for notice to the property owner; but frankly conceded that “the sole point for consideration by this court * * is whether or not the assessment road district is- unconstitutional.” We were aware of this when the previous decision was prepared. However, all of the facts were before us, and could not be altered. The complaint set forth the efforts advanced by the…