Thurber v. McMinnville
Oregon Supreme Court
From Yamhill: Percy R. Kelly, Judge. Statement by Mr. Justice McBride. This is a suit by M. Thurber to enjoin the listing of plaintiff’s property by the municipal authorities of the city of McMinnville for the purposes of municipal taxation within said city.
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From Yamhill: Percy R. Kelly, Judge. Statement by Mr. Justice McBride. This is a suit by M. Thurber to enjoin the listing of plaintiff’s property by the municipal authorities of the city of McMinnville for the purposes of municipal taxation within said city. On the 25th day of January, 1910, the common council of McMinnville passed an ordinance, pursuant to a petition filed with its recorder, signed by 171 of the legal voters residing within the city, calling a special election for Monday, the 4th day of April, 1910, to vote on the question of amending Section 2 of the city’s charter,…
1Opinion of the CourtJustice McBride
1. The question raised by respondent as to the jurisdiction of a court of equity to enjoin the collection of a tax levied by a municipality beyond its territorial limits is settled in favor of appellant by the case of Leach v. Port of Tillamook, 62 Or. 345 (124 Pac. 642).
2. In this case there is presented the important question as to the full scope of Article XI, Section 2 of the constitution, as amended in 1910. The amended section reads as follows:
“Corporations may be formed under general laws, but shall not be created by the Legislative Assembly by *414special laws. The Legislative Assembly…
2Cases cited3 opinions
- City of McMinnville v. HowenstineOregon Supreme Court · 1910
- Jones v. City of SalemOregon Supreme Court · 1912
- Leach v. Port of TillamookOregon Supreme Court · 1912
3Cited by37 opinions
- Ex Parte DanielsCalifornia Supreme Court · 1920
- Rose v. Port of PortlandOregon Supreme Court · 1917
- State v. Port of AstoriaOregon Supreme Court · 1916
- State Ex Rel. Heinig v. City of MilwaukieOregon Supreme Court · 1962
- Denver v. HenrySupreme Court of Colorado · 1934
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