Legal Opinion

Giles v. Roseburg

Oregon Supreme Court

Decided October 24, 1916PublishedCited by 2 opinions

Prom Douglas: George P. Skipworth, Judge. This is a suit by E. L. Giles (substituted for Ida C. Giles), I. S. Ketch, W. H. Park, E. H. Lenox, Emma J. Lenox, Lucie Ingels, P. C. Flagler, O. C. Brown and A. J. Greddes against the City of Eosebnrg, Carl E. Wemberly, city recorder, T. J. Williams, city marshal, and Agnes M. Pitchford, city treasurer, of the City of Eoseburg, to enjoin the enforcement of part of a special assessment.

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Prom Douglas: George P. Skipworth, Judge. This is a suit by E. L. Giles (substituted for Ida C. Giles), I. S. Ketch, W. H. Park, E. H. Lenox, Emma J. Lenox, Lucie Ingels, P. C. Flagler, O. C. Brown and A. J. Greddes against the City of Eosebnrg, Carl E. Wemberly, city recorder, T. J. Williams, city marshal, and Agnes M. Pitchford, city treasurer, of the City of Eoseburg, to enjoin the enforcement of part of a special assessment. There was a decree in favor of plaintiffs, from which the defendants appeal. Department 1.

1Opinion of the Court

Opinion by

Me. Chief Justice Mooee.

This is an appeal by the defendant from a decree enjoining the enforcement of that part of a special assessment which undertook to impose upon the several tracts of real property in a designated district, asserted to have been benefited by a street improvement, the following charges: For engineering, $350; for interest, $108.37; for an abstract, $15.75; and for clerical work, $21.81. The question to be considered is whether either of these items constitutes a valid charge against the real property affected by the improvement.

1. In Smith v. City of Portland,…

2Cases cited2 opinions

  1. Smith v. City of PortlandOregon Supreme Court · 1894
  2. Mall v. City of PortlandOregon Supreme Court · 1899

3Cited by2 opinions

  1. Elliott v. City of PortlandOregon Supreme Court · 1917
  2. Gamma Alpha Bldg. Ass'n v. EugeneOregon Supreme Court · 1919

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