King v. Portland
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Suit for an injunction by A. N. King and others against the City of Portland and others to1 enjoin the enforcement of a local assessment for a street improvement, consisting of an elevated roadway extending along- East Yamhill Street, between East Water Street and Union Avenue, in the City of Portland.
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From Multnomah: John B. Cleland, Judge. Suit for an injunction by A. N. King and others against the City of Portland and others to1 enjoin the enforcement of a local assessment for a street improvement, consisting of an elevated roadway extending along- East Yamhill Street, between East Water Street and Union Avenue, in the City of Portland. The charter provisions bearing upon the present controversy (Laws 1898, p. 150), are, in substance, as follows : Sections 126 and 127 authorize the improvement. Section 128 requires that, before any improvement is made, the common council shall pass a…
1Opinion of the CourtJustice Wolverton
1. Several objections are interposed, directed against the • legality of the assessment. The first is that the charter pro*413visions under which it was made-do- not provide for an apportionment of the burden under a uniform rule, such as is required by the constitution. There is much discussion in the books as to whether an assessment for local improvements is a tax or not, but, whatever may be the true doctrine, it must be conceded that the authority to make such an assessment is necessarily lodged in the taxing power. This has been held so often that the controversy must be regarded as closed:…
2Cases cited52 opinions
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- Bauman v. RossSupreme Court of the United States · 1897
- Norwood v. BakerSupreme Court of the United States · 1898
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3Cited by38 opinions
- Colby v. City of MedfordOregon Supreme Court · 1917
- Arnold v. Mayor of KnoxvilleTennessee Supreme Court · 1905
- Northern Pacific Railway Co. v. City of SeattleWashington Supreme Court · 1907
- King v. Portland CitySupreme Court of the United States · 1902
- Western Amusement Co., Inc. v. City of SpringfieldOregon Supreme Court · 1976
33 more not listed; retrieve them via the Exa API.