Legal Opinion

Gaston v. Thompson

Oregon Supreme Court

Decided July 30, 1918PublishedCited by 12 opinions

From Multnomah: Edwin Y. Littlefield, Judge. Department 1. The town of Gaston, a municipal corporation in Washington County, brings this suit against the defendant as the owner of a mill-race, to enjoin him from operating the samé within the town limits without maintaining upon it a substantial covering.

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From Multnomah: Edwin Y. Littlefield, Judge. Department 1. The town of Gaston, a municipal corporation in Washington County, brings this suit against the defendant as the owner of a mill-race, to enjoin him from operating the samé within the town limits without maintaining upon it a substantial covering. It alleges its first incorporation in December, 1911, under the general law of the state on that subject, and that by the initiative a new charter was enacted on April 14, 1914. The complaint informs us that prior,to its first incorporation the County Court of Washington County regularly…

1Opinion of the Court

BURNETT, J. —

The chronology of events involved in this litigation may be thus set down: first, the admitted regular establishment of the county road; next, the digging of the mill-race; then the incorporation of the town under the general law of 1893; and, finally, the enactment of a new charter by the initiative process, containing the excerpt already quoted. Under the general law by virtue of which the plaintiff was first incorporated it had a right

“to exercise any and all police regulations concerning the public morals, public safety, public health and public convenience of the inhabitants…

2Cases cited15 opinions

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. Attorney General v. Tudor Ice Co.Massachusetts Supreme Judicial Court · 1870
  3. Hoole v. Attorney GeneralSupreme Court of Alabama · 1853
  4. Village of Pine City v. MunchSupreme Court of Minnesota · 1890
  5. City of Fresno v. Fresno Canal & Irrigation Co.California Supreme Court · 1893

10 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Foeller v. Housing Authority of PortlandOregon Supreme Court · 1953
  2. Allison v. Washington CountyCourt of Appeals of Oregon · 1976
  3. State Ex Rel. Peterson v. MartinOregon Supreme Court · 1946
  4. SWEET v. Irrigation Canal Co.Oregon Supreme Court · 1953
  5. State Ex Rel. Pardee v. LatouretteOregon Supreme Court · 1942

7 more not listed; retrieve them via the Exa API.

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