Legal Opinion

Board of Directors of North Unit Irr. Dist. Gard v. Peck

Oregon Supreme Court

Decided January 21, 1919PublishedCited by 8 opinions

From Jefferson: T. E. J. Duffy, Judge. Department 2. This is a special proceeding brought on petition of H. W. G-ard, John Henderson, Fred Fisher, P. N. Vibbert and A. D. Anderson, as a board of directors of the North Unit Irrigation District, in Jefferson County, Oregon, to have confirmed under the provisions of Section 4Í, of Chapter 357, Laws of Oregon for 1917, the organization of the North Unit Irrigation District, and also for the confirmation and approval of the…

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From Jefferson: T. E. J. Duffy, Judge. Department 2. This is a special proceeding brought on petition of H. W. G-ard, John Henderson, Fred Fisher, P. N. Vibbert and A. D. Anderson, as a board of directors of the North Unit Irrigation District, in Jefferson County, Oregon, to have confirmed under the provisions of Section 4Í, of Chapter 357, Laws of Oregon for 1917, the organization of the North Unit Irrigation District, and also for the confirmation and approval of the proceedings of said board and district in the election for the issuance and sale of $5,000,000 in bonds of said district;…

1Opinion of the CourtBean, J.

The demurrer to the petition challenges the right of the directors to institute these proceedings. Section 41 of Chapter 357, Laws of 1917, see page 773, under which this proceeding is brought provides in part as follows:

“Special Procedure for Confirmation Acts of District. The board of directors of an irrigation district organized under the provisions of this act, may by petition, commence special proceedings in the Circuit Court of the county in which the office of such district is located, for the purpose of having a judicial examination and judgment of the court as to the regularity and…

2Cases cited12 opinions

  1. Paulsen v. PortlandSupreme Court of the United States · 1893
  2. Paulson v. City of PortlandOregon Supreme Court · 1888
  3. State v. SengstackenOregon Supreme Court · 1912
  4. Jones v. City of SalemOregon Supreme Court · 1912
  5. Rathfon v. Payette-Oregon Slope Irr. DistOregon Supreme Court · 1915

7 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Witham v. McNuttOregon Supreme Court · 1949
  2. Northern Pacific Ry. Co. v. John Day Irrigation DistrictOregon Supreme Court · 1923
  3. Medford Irr. Dist. v. HillOregon Supreme Court · 1920
  4. State Ex Rel. Smith v. ApplingOregon Supreme Court · 1960
  5. Eustace v. SpeckhartCourt of Appeals of Oregon · 1973

3 more not listed; retrieve them via the Exa API.

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