Gaston v. Portland
Oregon Supreme Court
From Multnomah: Arthur L. Frazer, Judge. The City of Portland, intending to open Main Street, in Amos N. King’s Addition thereto, from its western terminus to an intersection with King Street, a distance of 120 feet, more or less, instituted proceedings under its charter for that purpose.
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From Multnomah: Arthur L. Frazer, Judge. The City of Portland, intending to open Main Street, in Amos N. King’s Addition thereto, from its western terminus to an intersection with King Street, a distance of 120 feet, more or less, instituted proceedings under its charter for that purpose. The plaintiff, Mary W. Gaston, is the owner of the property through which it is proposed to extend the street, and also of block No. 11, bordering and coterminus on its western boundary with the street as dedicated. The viewers appointed by the common council to assess the benefits and damages to property…
1Opinion of the CourtJustice Wolverton
Two questions arise: first, whether the plaintiff could safely and lawfully draw her award from the fund thus created by the city; and, second, whether the appropriation of the fund and the issuance of the warrants (they being in excess of her award) were operative and effective as the final and requisite acts under the charter to accomplish the appropriation of her land.
1. The award of the court on the appeal being for plaintiff’s damages, in excess of all benefits received by her, relieved the south half of block 11 from the lien of the assessment for benefits. Henceforth the city had no…
2Cases cited5 opinions
- Dowell v. City of PortlandOregon Supreme Court · 1886
- Oregonian Railway Co. v. HillOregon Supreme Court · 1881
- Temperance House v. FowleOregon Supreme Court · 1892
- Keenan v. City of PortlandOregon Supreme Court · 1894
- Whiteaker v. BeltOregon Supreme Court · 1894
3Cited by3 opinions
- Gaston v. PortlandOregon Supreme Court · 1906
- Evans v. Meridian Investment & Trust Co.Oregon Supreme Court · 1917
- West v. Scott-McClure Land Co.Oregon Supreme Court · 1917