Robertson v. Portland
Oregon Supreme Court
From Multnomah.: Robert G. Morrow, Judge. Statement by Mr. Justice Harris. This is a suit by W. E. Bobertson and Hannah B. Bobertson against the City of Portland, to restrain the paying of Cornell Street, and to prevent the levying of special assessments to pay for the improvement. In 1903 the legislature enacted a charter for the City of Portland: Sp.
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From Multnomah.: Robert G. Morrow, Judge. Statement by Mr. Justice Harris. This is a suit by W. E. Bobertson and Hannah B. Bobertson against the City of Portland, to restrain the paying of Cornell Street, and to prevent the levying of special assessments to pay for the improvement. In 1903 the legislature enacted a charter for the City of Portland: Sp. Laws 1903, p. 3. Acting under the authority of Section la of Article IV and Section 2 of Article XI of the state Constitution, reserving to the legal voters of municipalities the right of the initiative and referendum and the power to enact…
1Opinion of the CourtJustice Harris
The plaintiffs contend that the proceedings of the council relating to the Cornell Street improvement were without charter authority. The Robertsons argue that the action of the city council, to be valid, must find its warrant in the municipal charter; that the commission charter contains no provisions for the improvement of streets or for the levying of special assessments; and that therefore the contract for the litigated improvement is void. The defendant asserts that the commission charter contains ample language to support the acts of the council; and the city takes the advanced position…
2Cases cited12 opinions
- Kalich v. KnappOregon Supreme Court · 1914
- Southwestern Telegraph & Telephone Co. v. City of DallasTexas Supreme Court · 1911
- Branch v. AlbeeOregon Supreme Court · 1914
- City of Corvallis v. CarlileOregon Supreme Court · 1882
- State v. PortlandOregon Supreme Court · 1913
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3Cited by22 opinions
- Jarvill v. City of EugeneOregon Supreme Court · 1980
- State v. Port of AstoriaOregon Supreme Court · 1916
- Fisher v. City of AstoriaOregon Supreme Court · 1928
- Portland v. Portland Ry., L. & P. Co.Oregon Supreme Court · 1916
- State v. FunkOregon Supreme Court · 1921
17 more not listed; retrieve them via the Exa API.