Legal Opinion

Cooke v. Portland

Oregon Supreme Court

Decided March 24, 1914PublishedCited by 13 opinions

From Multnomah: George N. Davis, Judge. Department 1. Statement by Mr. Justice Burnett. This is a suit by O. F. Cooke against the City of Portland.

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From Multnomah: George N. Davis, Judge. Department 1. Statement by Mr. Justice Burnett. This is a suit by O. F. Cooke against the City of Portland. The facts are as follows: In Multnomah County, at the times mentioned in the pleadings herein, there were two rural election precincts known as Sylvan No. 178 and Mount Zion No. 179. On August 19, 1910, a petition was presented to the common council of the City of Portland said to be signed by 15 per cent of the qualified voters residing in a part, but not in the whole, of each of those precincts, asking that those portions of their territory…

1Opinion of the CourtJustice Burnett

The proceedings in question are said to have been carried on under the act of the legislative assembly approved January 23,1903, entitled “An act to incorporate the City of Portland, Multnomah County,- State of Oregon, and to provide a charter therefor, and to repeal all acts or parts of acts in conflict therewith.”

Section 12 of that statute defines the domain of the City of Portland by metes and bounds, with reference to legal subdivisions of the public surveys. Article IY of the act establishes a procedure for the annexation of territory. The initial step of that process is a *576petition filed…

2Cases cited2 opinions

  1. Thurber v. McMinnvilleOregon Supreme Court · 1912
  2. Mckeon v. City of PortlandOregon Supreme Court · 1912

3Cited by13 opinions

  1. City of Hannibal v. WinchesterSupreme Court of Missouri · 1965
  2. Portland General Electric Co. v. City of EstacadaOregon Supreme Court · 1952
  3. SCHMIDT v. City of CorneliusOregon Supreme Court · 1957
  4. Witham v. McNuttOregon Supreme Court · 1949
  5. Mid-County Future Alternatives Committee v. City of PortlandOregon Supreme Court · 1990

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