Clark v. City of Portland
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice Burnett. This is an action by John Clark against the city of Portland to recover the value of certain property appropriated by the city in extending and widening certain streets.
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From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice Burnett. This is an action by John Clark against the city of Portland to recover the value of certain property appropriated by the city in extending and widening certain streets. In the exercise of its charter power to lay out, open, and establish streets, the council of the city of Portland causes the city engineer to survey and plat the proposed street and report a full description of it and of each parcel of land to be appropriated for the purpose. The report of the engineer having been adopted by the council by…
1Opinion of the CourtJustice Burnett
1. The crux of the litigation here lies in the construction to be given to section 358 of the charter in the computation of the nine-month period within which the city must collect the assessments and draw its warrants in settlement of damages and costs, under pain of rendering void its whole proceeding to open the street. The time within which an appeal could have been taken from the judgment of the circuit court began to run from *130February 2, 1910, the date of its rendition, and expired on August 2d of that year. Section 550, subd. 5, L. O. L. Plaintiff, not having appealed, maintains that,…
2Cases cited4 opinions
- Commissioners of State Park v. HenrySupreme Court of Minnesota · 1888
- Shannahan v. City of WaterburySupreme Court of Connecticut · 1893
- Stipp v. ClamanIndiana Supreme Court · 1890
- State ex rel. Secombe v. Board of Park CommissionersSupreme Court of Minnesota · 1885
3Cited by1 opinion
- City of Portland v. KammOregon Supreme Court · 1929