Portland v. Blue
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. Statement by Mr. Justice Harris. This is a proceeding by the City of Portland against H. R. Blue for the reassessment of lands for the construction of a sewer. In 1903 the legislature enacted a charter for the City of Portland: Sp.
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From Multnomah: George N. Davis, Judge. Statement by Mr. Justice Harris. This is a proceeding by the City of Portland against H. R. Blue for the reassessment of lands for the construction of a sewer. In 1903 the legislature enacted a charter for the City of Portland: Sp. Laws 1903, p. 3. The charter provides by the terms of Section 400 that whenever an assessment for the construction of a sewer has been set aside, or when the council shall be in doubt as to the validity of such assessment, the council may by ordinance make a reassessment upon the land benefited by the improvement; the council…
1Opinion of the CourtJustice Harris
Immediately after counsel made their opening statements to the jury at the second trial the defendants objected to the introduction of any evidence and moved that the cause be dismissed, for the reason that Sections 400 and 401 of the charter of the City of Portland, under which the appeal had been taken, and by virtue of which the trial was being held, were repealed by the adoption of the commission charter on May 3, 1913, and there was no longer any statute under which to proceed in the trial of that case. It will be borne in mind that the reassessment was made by the council, and the…
2Cases cited7 opinions
- Robertson v. PortlandOregon Supreme Court · 1915
- State v. SchluerOregon Supreme Court · 1911
- Renshaw v. Lane County CourtOregon Supreme Court · 1907
- State v. McGinnisOregon Supreme Court · 1910
- City of Woodburn v. AplinOregon Supreme Court · 1913
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3Cited by3 opinions
- In Re Application of BoaltOregon Supreme Court · 1927
- City of Portland v. StevensOregon Supreme Court · 1946
- Elliott v. City of PortlandOregon Supreme Court · 1917