Van Sant v. City of Portland
Oregon Supreme Court
Appeal from Multnomah County. Respondent is the owner of certain lots in the city of Portland. On the seventeenth of January, 1877, the common council of the city passed an ordinance to improve the streets in front of those lots. On the eighteenth day of April, 1877, the council passed an ordinance assessing the cost of the improvement of said streets upon the adjoining lots.
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Appeal from Multnomah County. Respondent is the owner of certain lots in the city of Portland. On the seventeenth of January, 1877, the common council of the city passed an ordinance to improve the streets in front of those lots. On the eighteenth day of April, 1877, the council passed an ordinance assessing the cost of the improvement of said streets upon the adjoining lots. By this ordinance different sums were assessed on the several lots owned by respondent, amounting in the aggregate to the sum of eight hundred and eighty-three dollars and sixty-eight cents. These assessments were…
1Opinion of the Court
By the Court, Watson, J.:
Section 79 of the charter of the city of Portland, provides that “ no grade or improvement mentioned in section 78, can be undertaken or made without ten days’ notice thereof being first given by publication in some daily newspaper published in the city of Portland.”
Section 89 provides that ‘ ‘ a sum of money assessed for the improvement of a street cannot be collected until by order of the council, ten days’ notice thereof is given by the auditor by publication in a daily newspaper] published in the city of Portland; such notice must substantially contain the matters…
2Cited by2 opinions
- Northern Pacific Terminal Co. v. City of PortlandOregon Supreme Court · 1886
- Thomas v. GilbertOregon Supreme Court · 1909