Christie v. Bandon
Oregon Supreme Court
From Coos: John S. Coke, Judge. Department 1. Statement by Me. Justice Burnett. This is a suit by Alexander Christie, as Roman Catholic Archbishop of the Diocese of Oregon, against the City of Bandon and W. H. "Webb to enjoin said city and its contractor from entering upon and excavating a portion of plaintiff’s land in the prosecution of what the defendants claim to be a proceeding to improve a street called Oregon Avenue in that municipality.
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From Coos: John S. Coke, Judge. Department 1. Statement by Me. Justice Burnett. This is a suit by Alexander Christie, as Roman Catholic Archbishop of the Diocese of Oregon, against the City of Bandon and W. H. "Webb to enjoin said city and its contractor from entering upon and excavating a portion of plaintiff’s land in the prosecution of what the defendants claim to be a proceeding to improve a street called Oregon Avenue in that municipality. The defendants avow in their answer' that the tract in dispute is part of a city street which it is improving under its initiative charter. The answer…
1Opinion of the CourtJustice Bubnett
The answer states that:
“All.of the lands included in said Oregon Avenue-street improvement are included in a public highway *483formerly known as the Bandon-Langlois County road, later known as Abernathy Street and still later known as Oregon Avenue of the City of Bandon; that said highway is, and for more than 20 years has been 60 feet in width, and for its full width has been used during such time by the public and by the municipality of Bandon continuously, notoriously and adversely, and has during all of said time been recognized by all parties, including plaintiff, as such public highway,…
2Cases cited3 opinions
- Cole v. SeasideOregon Supreme Court · 1916
- Cavitt v. RajeCalifornia Court of Appeal · 1916
- Blocker v. GuildNew York Court of Common Pleas · 1889
3Cited by4 opinions
- McCoy v. ThompsonOregon Supreme Court · 1917
- Cooper v. FoxOregon Supreme Court · 1918
- Cole v. City of SeasideOregon Supreme Court · 1919
- Willett v. City of West LinnOregon Supreme Court · 1933