Gaston v. Thompson
Oregon Supreme Court
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
- Mugler v. KansasSupreme Court of the United States · 1887
- Attorney General v. Tudor Ice Co.Massachusetts Supreme Judicial Court · 1870
- Hoole v. Attorney GeneralSupreme Court of Alabama · 1853
- Village of Pine City v. MunchSupreme Court of Minnesota · 1890
- 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
- Foeller v. Housing Authority of PortlandOregon Supreme Court · 1953
- Allison v. Washington CountyCourt of Appeals of Oregon · 1976
- State Ex Rel. Peterson v. MartinOregon Supreme Court · 1946
- SWEET v. Irrigation Canal Co.Oregon Supreme Court · 1953
- State Ex Rel. Pardee v. LatouretteOregon Supreme Court · 1942
7 more not listed; retrieve them via the Exa API.