Clark v. City of Salem
Oregon Supreme Court
From Marion: William Galloway, Judge. Statement by Mr. Chief Justice Eakin. This is a suit by Nancy Clark against the city of Salem. The facts as disclosed at the trial are as follows: In the year 1910 the city of Salem improved a portion of Fourteenth street, including that part thereof lying between Chemeketa and Center streets, by laying concrete pavement 80 feet wide.
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From Marion: William Galloway, Judge. Statement by Mr. Chief Justice Eakin. This is a suit by Nancy Clark against the city of Salem. The facts as disclosed at the trial are as follows: In the year 1910 the city of Salem improved a portion of Fourteenth street, including that part thereof lying between Chemeketa and Center streets, by laying concrete pavement 80 feet wide. Plaintiff is the owner of the ground lying east of the proposed improvement between the two streets above named. The premises are described as follows: “Beginning at a point where the south line of Center street intersects…
1Opinion of the Court
Opinion by
Mr. Chief Justice Ea-kin.
1. It is first contended by plaintiff that, as her property did not abut upon the street as it existed at the time of the notice of intention to improve it was given, her property was not liable, relying upon the language of section 43 of the charter (Laws 1899, p. 939), which, provides that “each lot or part thereof within the limits of a proposed street improvement shall be liable for the full cost of making the same upon the half of the street in front of and abutting upon it.” However, section 25 of the charter provides that “the said improvements of…
2Cases cited12 opinions
- School District Number Two v. LambertOregon Supreme Court · 1895
- Village of Hyde Park v. BordenIllinois Supreme Court · 1879
- Edwards v. CooperIndiana Supreme Court · 1907
- Smith v. Farmers & Merchants Nat. BankOregon Supreme Court · 1910
- Holmes v. Village of Hyde ParkIllinois Supreme Court · 1887
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3Cited by9 opinions
- Kampstra v. Salem Heights Water DistrictOregon Supreme Court · 1964
- Pacific Livestock Co. v. CochranOregon Supreme Court · 1914
- Werninger v. City of HuntingtonWest Virginia Supreme Court · 1916
- Duniway v. Cellars-Murton Co.Oregon Supreme Court · 1919
- First National Bank v. MaladyOregon Supreme Court · 1966
4 more not listed; retrieve them via the Exa API.