Or. & Cal. R. R. v. City of Portland
Oregon Supreme Court
Appeal from Multnomah: Michael G. Munly, Judge. This is a suit originally brought by the Oregon & California Railroad Co. and the Southern Pacific Co. against the City of East .Portland, its officers and employes, to restrain it and them from building ¿levated roadways on G and H Streets, adjoining plaintiffs’ property, and to enjoin the collection of the assessment therefor.
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Appeal from Multnomah: Michael G. Munly, Judge. This is a suit originally brought by the Oregon & California Railroad Co. and the Southern Pacific Co. against the City of East .Portland, its officers and employes, to restrain it and them from building ¿levated roadways on G and H Streets, adjoining plaintiffs’ property, and to enjoin the collection of the assessment therefor. A temporary injunction was granted, restraining the construction of the roadways and the collection of the assessment, which was subsequently modified by permitting the defendants to build the roadways upon giving a…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
The streets of the city having been dedicated by the proprietor to the public, the state, by its legislative assembly, may determine the necessity for, and character of, any improvement thereto, and what property will be benefited thereby; and whatever power the legislature possesses over the streets of a city it may delegate to corporate authorities to be exercised in the mode and to the extent prescribed in the act conferring such power. This delegation of power invests the municipal corporation with all the discretion the legislature possessed, and hence it…
2Cases cited3 opinions
- Paulson v. City of PortlandOregon Supreme Court · 1888
- Hanscom v. City of OmahaNebraska Supreme Court · 1881
- Allen v. DrewSupreme Court of Vermont · 1872
3Cited by8 opinions
- Colby v. City of MedfordOregon Supreme Court · 1917
- King v. PortlandOregon Supreme Court · 1900
- Atlantic Coast Line Railroad v. City of GainesvilleSupreme Court of Florida · 1922
- Re Harper Irrigation DistrictOregon Supreme Court · 1923
- Schmid v. City of PortlandOregon Supreme Court · 1917
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