St. Benedict's Abbey v. Marion County
Oregon Supreme Court
From Marion: William Galloway, Judge. Statement by Mr. Justice Eakin. This is a suit in equity to enjoin the improvement of a county road and to prevent the assessment of any portion of the expense thereof upon plaintiff’s lands. A demurrer to the complaint ivas overruled by the lower court, and decree rendered granting a perpetual injunction against defendant, and it appeals.
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From Marion: William Galloway, Judge. Statement by Mr. Justice Eakin. This is a suit in equity to enjoin the improvement of a county road and to prevent the assessment of any portion of the expense thereof upon plaintiff’s lands. A demurrer to the complaint ivas overruled by the lower court, and decree rendered granting a perpetual injunction against defendant, and it appeals. Based upon the petition of landowners along the line of what is known as the “Silverton-Marquam Boad” asking for the improvement of a portion of said road, the county court of Marion County, on about March 9, 1906,…
1Opinion of the CourtJustice Eaicin
1. The road act in question authorizes county courts to improve any county road by grading, graveling, macadamizing, etc., the same; and to appoint viewers to estimate the cost and expense of the proposed improvement and the benefits to the land within the taxing district; and that the costs and expenses thereof be paid by assessment on the real estate adjacent thereto and benefited thereby, within two miles on either side and one mile beyond the terminus of such improvement, in proportion to the benefits to be derived therefrom; and to apportion the estimated costs and exjienses of the…
2Cases cited20 opinions
- Bauman v. RossSupreme Court of the United States · 1897
- Spencer v. MerchantSupreme Court of the United States · 1888
- Williams v. EgglestonSupreme Court of the United States · 1898
- Palmer v. StumphIndiana Supreme Court · 1868
- Spencer v. . MerchantNew York Court of Appeals · 1885
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3Cited by6 opinions
- Cummings v. GarnerMichigan Supreme Court · 1921
- Portland v. CoffeyOregon Supreme Court · 1913
- Sproul v. State Tax CommissionOregon Supreme Court · 1963
- Gardner v. Pacific Power Co.Nevada Supreme Court · 1917
- School District No. 3J v. City of WilsonvilleCourt of Appeals of Oregon · 1987
1 more not listed; retrieve them via the Exa API.