Cruson v. City of Lebanon
Oregon Supreme Court
From Linn: William Galloway, Judge. Statement by Mr. Justice Eakin. This is a suit by Hattie A. Cruson against the City of Lebanon to enjoin the city from opening a certain alley within the corporate limits of said city.
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From Linn: William Galloway, Judge. Statement by Mr. Justice Eakin. This is a suit by Hattie A. Cruson against the City of Lebanon to enjoin the city from opening a certain alley within the corporate limits of said city. The facts are as follows: Plaintiff is the owner of lots 3, 4, 7, and 8, block 10, in the town of Lebanon, which are the south half of the blocks, and she and her grantors have been in the exclusive possession of the said south half of the block, including the alley through the same, since about the year 1861. The residence thereon is situated on lot 8, west of the alley, and…
1Opinion of the CourtJustice Eakin
Plaintiff relies upon the decisions in Schooling v. Harrisburg, 42 Or. 494 (71 Pac. 605), and in Oliver v. Synhorst, 48 Or. 292 (86 Pac. 376: 7 L. R. A. [N. S.] 243). In the former case it is said, following Judge Dillon’s statement of the law in his text-book on Municipal Corporations :
“It will, perhaps, be found that cases will arise of such a character that justice requires that an equitable estop*595pel shall be asserted even against the public; but, if so, such cases will form a law unto themselves, and do not fall within the legal operation of limitation enactments.”
And in the case of…
2Cases cited6 opinions
- Schooling v. HarrisburgOregon Supreme Court · 1903
- City of Sullivan v. TichenorIllinois Supreme Court · 1899
- Crocker v. CollinsSupreme Court of South Carolina · 1892
- Oliver v. SynhorstOregon Supreme Court · 1906
- City of DeKalb v. LuneyIllinois Supreme Court · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- City of Molalla v. COOVER ET UX.Oregon Supreme Court · 1951
- Dabney v. City of PortlandOregon Supreme Court · 1928
- Barton v. PortlandOregon Supreme Court · 1914
- Killam v. Multnomah CountyOregon Supreme Court · 1931
- Booth v. PrinevilleOregon Supreme Court · 1914
2 more not listed; retrieve them via the Exa API.