Haner v. Eugene
Oregon Supreme Court
From Lane: James W. Hamilton, Judge. Department 2. This is a suit instituted by the respondent for the purpose of canceling and setting aside a special assessment made upon his property by the City of Eugene, for the improvement of Alder Street in front of his property. The improvement is the same discussed in Gamma Alpha Bldg. Assn. v. Eugene, 94 Or. 80 (184 Pac. 973), and several of the questions raised on this appeal are settled in that case.
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From Lane: James W. Hamilton, Judge. Department 2. This is a suit instituted by the respondent for the purpose of canceling and setting aside a special assessment made upon his property by the City of Eugene, for the improvement of Alder Street in front of his property. The improvement is the same discussed in Gamma Alpha Bldg. Assn. v. Eugene, 94 Or. 80 (184 Pac. 973), and several of the questions raised on this appeal are settled in that case. The errors in the proceedings which respondent claims rendered the assessment void are substantially that there was an attempt to assess plaintiff’s…
1Opinion of the CourtMcBRIDE, C. J.
The contentions in regard to the retaining wall, the 5 per cent for engineer charges, and the covenant to keep in repair for five years, were dis*599cussed and settled in Gamma Alpha Bldg. Assn. v. Eugene, 94 Or. 80 (184 Pac. 973), and that decision was adverse to the contentions made in this suit. For our views in regard to these we refer to that opinion, to which we still adhere.
1. The legality of the assessment for curbing in front of plaintiff’s property is the only objection to the assessment not disposed of in the previous opinion. The contention arises in this way:
By Ordinance No. 1406 the…
2Cases cited1 opinion
- Gamma Alpha Bldg. Ass'n v. EugeneOregon Supreme Court · 1919
3Cited by3 opinions
- Brown v. City of SalemOregon Supreme Court · 1968
- Kershaw v. City of WillaminaOregon Supreme Court · 1926
- Seymour v. Security Trust Co. of AustinCourt of Appeals of Texas · 1932