Nottage v. City of Portland
Oregon Supreme Court
From Multnomah : Arthur L. Frazer, Judge. This is an appeal from a judgment in favor of plaintiff Kittie C. Nottage in an action brought by her against the City of Portland to recover $308.63 paid in discharge of an assessment against her property for the improvement of Eighth Street under an ordinance of the city, adopted in May, 1892. It is admitted by the defendant that, as alleged in the complaint, the assessment was invalid, and has been so adjudged by the Circuit Court…
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From Multnomah : Arthur L. Frazer, Judge. This is an appeal from a judgment in favor of plaintiff Kittie C. Nottage in an action brought by her against the City of Portland to recover $308.63 paid in discharge of an assessment against her property for the improvement of Eighth Street under an ordinance of the city, adopted in May, 1892. It is admitted by the defendant that, as alleged in the complaint, the assessment was invalid, and has been so adjudged by the Circuit Court of Multnomah County, because the petition for the improvement did not contain the names of the owners of one-half of…
1Opinion of the CourtJustice Bean
1. We shall notice the second defense only, for, in our opinion, it is decisive of the case. Statutes in one form or another designed to cure defects or irregularities in proceedings for the improvement of streets in municipalities are of frequent occurrence, and have often been the subject of judicial consideration. The right of a municipality to improve a street at the expense of the abutting property rests for its legality wholly upon the provisions of its charter, and, as such provisions are the measure and mode of its power, any substantial deviation there*548from is without right or…
2Cases cited19 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Spencer v. MerchantSupreme Court of the United States · 1888
- Mattingly v. District of ColumbiaSupreme Court of the United States · 1878
- Richman v. Supervisors Muscatine CountySupreme Court of Iowa · 1889
- Spencer v. . MerchantNew York Court of Appeals · 1885
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3Cited by30 opinions
- Hughes v. Aetna Casualty & Surety Co.Oregon Supreme Court · 1963
- State ex rel. Pierce v. SlusherOregon Supreme Court · 1926
- Board of Commissioners v. Forbes Pioneer Boat LineSupreme Court of Florida · 1920
- In Re Application of BoaltOregon Supreme Court · 1927
- Carey v. Lincoln Loan Co.Court of Appeals of Oregon · 2005
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