Gamma Alpha Bldg. Ass'n v. Eugene
Oregon Supreme Court
From Lane: Jambs W. Hamilton, Judge. Department 1. This is a suit to remove a cloud from the title to real estate. It is founded upon the action of the municipal authorities of the City of Eugene in paving that portion of Alder Street in Eugene from its intersection with Eleventh Avenue, north to the mill-race. The plaintiff claims to be the owner of a piece of land with a frontage of 90 feet on Eleventh Avenue, and about 240 feet abutting on Alder Street.
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From Lane: Jambs W. Hamilton, Judge. Department 1. This is a suit to remove a cloud from the title to real estate. It is founded upon the action of the municipal authorities of the City of Eugene in paving that portion of Alder Street in Eugene from its intersection with Eleventh Avenue, north to the mill-race. The plaintiff claims to be the owner of a piece of land with a frontage of 90 feet on Eleventh Avenue, and about 240 feet abutting on Alder Street. The validity of the assessment for such street improvement is attacked by the complaint upon several grounds, which will be specifically…
1Opinion of the CourtBenson, J.
The plaintiff’s attack upon the validity of the assessments is first based upon the fact that it includes a charge of 5 per cent of the contract price of the work for engineering expenses. The initial ordinance in the proceeding contains this clause:
“And there shall be included as a part of said improvement, engineer’s charges not to exceed five (5%) per cent of the contract price and when said cost shall be assessed the same shall be a lien upon the property so benefited, etc.”
1. It appears from the testimony that the engineer was not specially employed for this particular job, but was a…
2Cases cited8 opinions
- Colby v. City of MedfordOregon Supreme Court · 1917
- City of Springfield v. GreenIllinois Supreme Court · 1887
- Smith v. City of PortlandOregon Supreme Court · 1894
- Patterson v. Chambers Power Co.Oregon Supreme Court · 1916
- Allen v. City of PortlandOregon Supreme Court · 1899
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3Cited by1 opinion
- Haner v. EugeneOregon Supreme Court · 1920