City of McMinnville v. Howenstine
Oregon Supreme Court
From Yamhill: George H. Burnett, Judge. This is an action by the City of McMinnville against Frederick G. Howenstine and Mary Howenstine, his wife, to appropriate to plaintiffs use the waters flowing across defendants’ land from certain springs owned by the plaintiff, the water to be used for the inhabitants of the City of McMinnville.
Read the full summary
From Yamhill: George H. Burnett, Judge. This is an action by the City of McMinnville against Frederick G. Howenstine and Mary Howenstine, his wife, to appropriate to plaintiffs use the waters flowing across defendants’ land from certain springs owned by the plaintiff, the water to be used for the inhabitants of the City of McMinnville. The proceeding was authorized by an amendment to the charter of the City of McMinnville adopted at the general city election, held on the first Monday in September, 1907. The defendants interposed a general demurrer to the complaint which was sustained and the…
1Opinion of the CourtJustice King
This is an action by the city of McMinnville to appropriate by eminent domain the water flowing from certain springs across defendant’s lands situated outside of the corporate limits. A demurrer to the complaint was sustained on the ground that it did not state facts sufficient to constitute a cause of action, a judgment being entered thereon, from which this appeal is taken.
The point intended to be tested by the demurrer, and here presented for consideration, is whether the city may exercise the right of eminent domain in its behalf, without first having received from one of the legislative…
2Cases cited23 opinions
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Kohl v. United StatesSupreme Court of the United States · 1876
- Kansas v. ColoradoSupreme Court of the United States · 1907
- Cherokee Nation v. Southern Kansas Railway Co.Supreme Court of the United States · 1890
- Mount Pleasant v. BeckwithSupreme Court of the United States · 1880
18 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State v. Port of AstoriaOregon Supreme Court · 1916
- State Ex Rel. Heinig v. City of MilwaukieOregon Supreme Court · 1962
- State v. Port of TillamookOregon Supreme Court · 1912
- Ramsey v. LeeperSupreme Court of Oklahoma · 1933
- Lovejoy v. PortlandOregon Supreme Court · 1920
21 more not listed; retrieve them via the Exa API.