Brown v. Sllverton
Oregon Supreme Court
From Marion: Percy R. Kelly, Judge. Department 1. This is a suit to enjoin the City of Silverton from collecting a reassessment made on account of a street improvement.
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From Marion: Percy R. Kelly, Judge. Department 1. This is a suit to enjoin the City of Silverton from collecting a reassessment made on account of a street improvement. Section 71 of the municipal charter, which was in force in 1914, empowered the council to improve the streets; but this section of the charter also provided that “the owner or owners of two thirds of the property next adjacent thereto may make and file with the council a written remonstrance against the proposed improvement, and thereupon the same shall not be proceeded with.” The charter made the abutting property liable for…
1Opinion of the CourtHarris, J.
Tbe plaintiffs contend: (1) That tbe pavement was not laid in accordance with tbe terms of tbe contract; (2) that because of its form, tbe amendment adopted by tbe legal voters of Silverton in 1917 displaced and supplanted tbe original charter, with tbe result that the amendment alone constitutes tbe whole charter; and (3) that tbe reassessment proceedings are unconstitutional and void for tbe reason that they amount to a taking of property without due process of law.
Tbe complaint alleges that the contractor failed to comply with bis contract by failing to roll tbe sub-grade with a 10-ton…
2Cases cited38 opinions
- French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
- Spencer v. MerchantSupreme Court of the United States · 1888
- Kadderly v. PortlandOregon Supreme Court · 1903
- Caseday v. LindstromOregon Supreme Court · 1904
- City of Seattle v. KelleherSupreme Court of the United States · 1904
33 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- John K. & Catherine S. Mullen Benevolent Corp. v. United StatesSupreme Court of the United States · 1933
- Fisher v. City of AstoriaOregon Supreme Court · 1928
- State ex rel. Pierce v. SlusherOregon Supreme Court · 1926
- Hall v. Fairchild-Gilmore-Wilton Co.California Court of Appeal · 1924
- Cowart v. Union Paving Co.California Supreme Court · 1932
17 more not listed; retrieve them via the Exa API.