Hillsboro v. Public Service Commission
Oregon Supreme Court
From Washington: George E. Bagley, Judge. In Bane. This is a suit by the City of Hillsboro to set aside an order of the Public Service Commission, and to enjoin the North Coast Power Company from collecting rentals for fire hydrants in the City of Hillsboro.
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From Washington: George E. Bagley, Judge. In Bane. This is a suit by the City of Hillsboro to set aside an order of the Public Service Commission, and to enjoin the North Coast Power Company from collecting rentals for fire hydrants in the City of Hillsboro. The substantial facts as recited in the complaint are, that on September 7, 1909, plaintiff, by ordinance, entered into a contract with the Hillsboro Water, Light and Power Company, whereby a franchise was granted to the latter to use the streets and alleys of the city for laying water-mains and service pipes, and to erect and maintain…
1Opinion of the CourtBenson, J.
1. Plaintiff bases its argument in support of the sufficiency of the complaint, upon the answers to four questions which its able counsel formulates thus:
“First. Did the City of Hillsboro have authority to make the contract?
“Second. Was the contract involved herein a matter in which the general public is concerned, or in other words, is it a rate-making contract?
"“Third. Was the contract involved in this case made by the city in its governmental capacity, or in its proprietary capacity?
“Fourth. If this contract was entered into. by the city in its proprietary capacity, has the Public Service…
2Cases cited7 opinions
- Esberg Cigar Co. v. City of PortlandOregon Supreme Court · 1899
- Woodburn v. Public Service CommissionOregon Supreme Court · 1916
- Sandpoint Water & Light Co. v. City of SandpointIdaho Supreme Court · 1918
- Winfield v. Public Service CommissionIndiana Supreme Court · 1911
- Tone v. Tillamook CityOregon Supreme Court · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Entremont v. WhitsellCalifornia Supreme Court · 1939
- City of Lamar v. Town of WileySupreme Court of Colorado · 1926
- In Re Application of BoaltOregon Supreme Court · 1927
- Northwest Natural Gas Co. v. City of GreshamOregon Supreme Court · 2016
- Burton v. GibbonsOregon Supreme Court · 1934
18 more not listed; retrieve them via the Exa API.