Cook v. City of Portland
Oregon Supreme Court
From Multnomah : John B. Cleland, Judge. This is a suit brought by J. W. Cook and others, owners of property fronting and abutting on North Front Street, in the City of Portland, to restrain the collection of an assessment against their property for repairing the street in front thereof.
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From Multnomah : John B. Cleland, Judge. This is a suit brought by J. W. Cook and others, owners of property fronting and abutting on North Front Street, in the City of Portland, to restrain the collection of an assessment against their property for repairing the street in front thereof. From the complaint it appears that on May 19, 1897, the common council passed an ordinance declaring the repair of certain portions of Front Street expedient and necessary, directing that the cost thereof be assessed upon adjacent property in accordance with sections 124 and 125 of the charter, and that the…
1Opinion of the CourtJustice Bean
1. It is argued that the assessment in question is void because the provisions of the charter directing the manner in which property shall be assessed for local improvements are in contravention of the Fourteenth Amendment to the Constitution of the United States, within the doctrine of the recent case of Village of Norwood v. Baker, 172 U. S. 269 (19 Sup. Ct. 187). But we do not think the question thus sought to be raised is properly before the court: May, Prac. 88, 91, 99. The complaint contains no allegation attacking the validity of the assessment upon that ground, and no such question…
2Cases cited2 opinions
- Norwood v. BakerSupreme Court of the United States · 1898
- Hawthorne v. City of East PortlandOregon Supreme Court · 1886
3Cited by7 opinions
- Molodyh v. Truck Insurance ExchangeOregon Supreme Court · 1987
- Shannon v. PortlandOregon Supreme Court · 1900
- City of Portland v. McSparranOregon Supreme Court · 1942
- Oregon Real Estate Co. v. GambellOregon Supreme Court · 1901
- Oregon Real Estate Co. v. PortlandOregon Supreme Court · 1901
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