Phipps v. Medford
Oregon Supreme Court
From Jackson: Frank M. Calkins, Judge. Department 1. Statement by Mr. Justice Burnett. This is a suit by W. E. Phipps and others against the City of Medford to remove a cloud from the title to the real property of the plaintiffs. It is said to consist of an assessment attempted to be levied by the municipal defendant upon the holdings of the plaintiffs within its boundaries to pay for a sewer which had been laid in that city.
Read the full summary
From Jackson: Frank M. Calkins, Judge. Department 1. Statement by Mr. Justice Burnett. This is a suit by W. E. Phipps and others against the City of Medford to remove a cloud from the title to the real property of the plaintiffs. It is said to consist of an assessment attempted to be levied by the municipal defendant upon the holdings of the plaintiffs within its boundaries to pay for a sewer which had been laid in that city. It is claimed that the rating was void because the municipality had not given notice prior to the commencement of the improvement calling upon the property holders to…
1Opinion of the CourtJustice Burnett
1. It is admitted that by the charter of the City of Medford, enacted by the legislative assembly of the state February 7, 1905, the city is empowered to construct all necessary sewers of sufficient capacity to produce a complete system of drainage; to cause the expense thereof to be visited upon the property directly benefited by and adjacent to the same; to declare by ordinance the manner of carrying said assessment into full effect; and that the charter on that subject has this provision:
“The council shall provide by ordinance that the owners of said adjacent property shall be served by…
2Cases cited10 opinions
- Mills v. CharletonWisconsin Supreme Court · 1872
- Hughes v. City of PortlandOregon Supreme Court · 1909
- Smith v. City of PortlandOregon Supreme Court · 1894
- Duniway v. PortlandOregon Supreme Court · 1905
- Schintgen v. City of La CrosseWisconsin Supreme Court · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State ex rel. Pierce v. SlusherOregon Supreme Court · 1926
- Wagoner v. City of La GrandeOregon Supreme Court · 1918
- Brown v. SllvertonOregon Supreme Court · 1920
- City of Salem v. Oregon-Washington Water Service Co.Oregon Supreme Court · 1933
- Drainage District No. 7 v. BernardsOregon Supreme Court · 1918
10 more not listed; retrieve them via the Exa API.