Portland v. Montgomery
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Suit by the City of Portland and the Port of Portland against J. B. Montgomery to restrain the construction of a wharf. The AYillamette River is wholly within the State of Oregon, and up to and above the City of Portland is navigated regularly by vessels, steamboats, and other craft engaged in interstate and foreign commerce.
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From Multnomah: John B. Cleland, Judge. Suit by the City of Portland and the Port of Portland against J. B. Montgomery to restrain the construction of a wharf. The AYillamette River is wholly within the State of Oregon, and up to and above the City of Portland is navigated regularly by vessels, steamboats, and other craft engaged in interstate and foreign commerce. The City of Portland is a municipal corporation organized by a special act of the legislature, and includes within its boundaries a part of the Willamette River. The defendant, Montgomery, is the owner of real property within the…
1Opinion of the CourtChief Justice Bean
It is not alleged in the complaint that the proposed wharf will be an obstruction to, or in any way interfere with, the navigation of the river, or with any of the powers and duties of the Port of Portland; but such is the necessary inference, prima facie, at least, from the resolutions forbidding its construction, the fact that it will extend beyond the \yharf line as established by the city, and that its erection is in violation of an ordinance thereof.
1. The defendant’s right to construct a wharf in front of his property is subject to the power of the corporate authorities to “prescribe…
2Cases cited14 opinions
- Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
- Packet Co. v. KeokukSupreme Court of the United States · 1877
- Transportation Co. v. ParkersburgSupreme Court of the United States · 1883
- State v. ReedSupreme Court of Kansas · 1894
- Miller v. Mayor of New YorkSupreme Court of the United States · 1883
9 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Port of Portland v. REEDEROregon Supreme Court · 1955
- Hogans v. City of Columbus, Court of Common Pleas of Ohio, Franklin County, Civil Division1912