Giles v. Roseburg
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Department 2. This is a suit brought by the plaintiff against the City of Eoseburg to quiet title to certain lots in said city, and to enjoin the city from asserting and enforcing the lien of certain assessments made by the city, for the purpose of putting in a short piece of sewer in Flint’s Addition to said city. The plaintiff’s property is not in Flint’s Addition, but in West View Addition to the city.
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From Douglas: James W. Hamilton, Judge. Department 2. This is a suit brought by the plaintiff against the City of Eoseburg to quiet title to certain lots in said city, and to enjoin the city from asserting and enforcing the lien of certain assessments made by the city, for the purpose of putting in a short piece of sewer in Flint’s Addition to said city. The plaintiff’s property is not in Flint’s Addition, but in West View Addition to the city. West View Addition joins Flint’s Addition, and the nearest portion of the property in dispute is about one block and across two streets, from the…
1Opinion of the CourtBennett, J.
The only question presented in this cáse is whether or not, under the provisions of the charter of the City of Roseburg, the property to be assessed for a proposed sewer — where it does not abut upon the sewer, as in this case — must be described in the initiatory proceedings, and the property owners notified then, that their property would be assessed for its construction.
The provisions of the charter, which are pertinent to this controversy, are as follows:
“The Council shall have power and it is hereby authorized whenever it may deem that the public health, interest or convenience may…
2Cases cited5 opinions
- Paulsen v. PortlandSupreme Court of the United States · 1893
- Paulson v. City of PortlandOregon Supreme Court · 1888
- Beckett v. City of PortlandOregon Supreme Court · 1909
- Killingsworth v. PortlandOregon Supreme Court · 1919
- Strowbridge v. City of PortlandOregon Supreme Court · 1879
3Cited by5 opinions
- Austin v. Tillamook CityOregon Supreme Court · 1927
- Brodsky v. Seaboard Realty Co.California Court of Appeal · 1962
- Raz v. City of PortlandOregon Supreme Court · 1961
- Crutchfield v. NashMontana Supreme Court · 1929
- State ex rel. Heltzel v. Portland Traction Co.Oregon Supreme Court · 1955