Legal Opinion

City of Newberg v. Kienle

Oregon Supreme Court

Decided January 23, 1912PublishedCited by 6 opinions

From Yamhill: William Galloway, Judge. This is an injunction proceeding by the City of New-berg against Edward J. Kienle. From a judgment in favor of defendant, plaintiff appeals.

1Opinion of the Court

Opinion by

Mr. Chief Justice Eakin.

The City of Newberg by this proceeding seeks to enjoin defendant from extending into the street a building he is erecting on block 12 of Everests’ addition to Newberg, and the dispute is as to the location of the northwest line of the street now called “Dayton Avenue,” formerly known as the “Dayton-Portland road,” which we will hereafter refer to as the road. It was traveled as a road long prior to 1866, passing approximately north 47 degrees 10 minutes east, diagonally across the northwest corner of the Rogers donation land claim, which is now within the…

2Cases cited4 opinions

  1. Bumpus v. MillerMichigan Supreme Court · 1856
  2. City of Detroit v. ChaffeeMichigan Supreme Court · 1888
  3. Kruger v. Le BlancMichigan Supreme Court · 1888
  4. Washington Borough v. SteinerSuperior Court of Pennsylvania · 1904

3Cited by6 opinions

  1. Coos County v. StateOregon Supreme Court · 1987
  2. SWEET v. Irrigation Canal Co.Oregon Supreme Court · 1953
  3. City of Molalla v. COOVER ET UX.Oregon Supreme Court · 1951
  4. Carlson v. AllenSupreme Court of Kansas · 1913
  5. Opinion No., Arkansas Attorney General Reports2006

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