Legal Opinion

Rose v. Port of Portland

Oregon Supreme Court

Decided January 16, 1917PublishedCited by 73 opinions

From Multnomah: George N. Davis, Judge. In Banc. Statement by Mr. Justice Harris. The object of this suit is to determine whether the Port of Portland can lawfully expend its funds in dredging and improving Oregon Slough.

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From Multnomah: George N. Davis, Judge. In Banc. Statement by Mr. Justice Harris. The object of this suit is to determine whether the Port of Portland can lawfully expend its funds in dredging and improving Oregon Slough. Hayden Island divides the waters of the Columbia River, as they move westward to the sea, so that a portion of the stream passes along the south side of the island through what is known as Oregon Slough and the remainder flows through the main channel along the north side until it reaches the lower end of the island where all the waters are again united. The lines traced by…

1Opinion of the CourtJustice Harris

It is plain, and counsel for the port concede, that-the legislative act of 1901 does not empower the Port of Portland to improve Oregon Slough for the reason that it is outside the limits of the City of Portland and is at a point on the Columbia River above and east, of the mouth of the "Willamette River, and is not any part of “the .harbor in the Willamette at the City of Portland” and is no part of “the channel of "the Willamette and Columbia Rivers between said harbor and the sea”; and, therefore, no funds can be expended in the improvement of Oregon Slough unless the charter was amended…

2Cases cited3 opinions

  1. State v. Port of AstoriaOregon Supreme Court · 1916
  2. Thurber v. McMinnvilleOregon Supreme Court · 1912
  3. Farrell v. Port of PortlandOregon Supreme Court · 1908

3Cited by73 opinions

  1. City of La Grande v. Public Employes Retirement BoardOregon Supreme Court · 1978
  2. Stranahan v. Fred Meyer, Inc.Oregon Supreme Court · 2000
  3. City of La Grande v. Public Employes Retirement BoardOregon Supreme Court · 1978
  4. City of Roseburg v. Roseburg City Firefighters, Local No. 1489Oregon Supreme Court · 1981
  5. State Ex Rel. Heinig v. City of MilwaukieOregon Supreme Court · 1962

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