Brand v. Multnomah County
Oregon Supreme Court
From Multnomah: Alfred F. Sears, Jr., Judge. Bill by David Brand against Multnomah County' and others to enjoin the continuance of a structure in the street in front of plaintiff’s lots. The facts attending the present controversy are, in brief, as follows: The plaintiff is the owner of lots 2, 3, and 4 in block 72 of the City of Portland, extending on the east to the Willamette River, and having appurtenant thereto the usual riparian rights and privileges.
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From Multnomah: Alfred F. Sears, Jr., Judge. Bill by David Brand against Multnomah County' and others to enjoin the continuance of a structure in the street in front of plaintiff’s lots. The facts attending the present controversy are, in brief, as follows: The plaintiff is the owner of lots 2, 3, and 4 in block 72 of the City of Portland, extending on the east to the Willamette River, and having appurtenant thereto the usual riparian rights and privileges. They are bounded on the west and south by Front and Madison streets. The grade of Front Street was established by competent authority…
1Opinion of the CourtChief Justice Wolverton
1. Primarily, the state has paramount control over all the highways within its borders, including public streets and highways within the confines of municipalities. Whatever authority a municipality may enjoy or possess, pertaining to its streets and highways, must be derived from the legislative assembly through its franchise or charter; and such a corporation acts, if at all, through a delegated power emanating from the initial source: 2 Dillon, Munic. Corp. (4 ed.), §§ 680, 683; Winters v. George, 21 Or. 251, 259 (27 Pac. 1041); Simon v. Northup, 27 Or. 487, 501 (40 Pac. 560, 30 L. R. A.…
2Cases cited21 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Barney v. KeokukSupreme Court of the United States · 1877
- Chicago v. TaylorSupreme Court of the United States · 1888
- Smith Ex Rel. Cushing v. Corporation of WashingtonSupreme Court of the United States · 1858
- Stewart v. City of ClintonSupreme Court of Missouri · 1883
16 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Thornburg v. Port of PortlandOregon Supreme Court · 1962
- Cabell v. City of Cottage GroveOregon Supreme Court · 1942
- Liddick v. City of Council BluffsSupreme Court of Iowa · 1942
- State v. RosserOregon Supreme Court · 1939
- Hodges v. SnyderSouth Dakota Supreme Court · 1922
38 more not listed; retrieve them via the Exa API.