Prosch v. City of La Grande

Plaintiffs are abutting landowners on Allium Street in La Grande. They brought suit in the circuit court seeking a declaration that the city has a duty to repair the street and a mandatory injunction requiring defendant to make presently needed repairs. They appeal an adverse decision.

Allium Street is platted as a 350 foot long street having a 50 foot width in the Modelaire Heights subdivision. It dead-ends part way up a sharply rising hillside. It is conceded that the street was dedicated to the use of the public in 1962 by the dedicators of the plat and that the city Planning Commission…