Wessinger v. Mische
Oregon Supreme Court
From Multnomah: John P. Kavanaugh, Judge. Department 1. Statement by Me. Justice Moose. This is a suit by Paul Wessinger and others, claiming to be the owners of land fronting on a street which separates their real property from a public park, to enjoin the City of Portland, and E. T. Mische and others, as members of the city park board from an alleged diversion of a part of such pleasure grounds from the use to which it is averred in the complaint and admitted in the answer…
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From Multnomah: John P. Kavanaugh, Judge. Department 1. Statement by Me. Justice Moose. This is a suit by Paul Wessinger and others, claiming to be the owners of land fronting on a street which separates their real property from a public park, to enjoin the City of Portland, and E. T. Mische and others, as members of the city park board from an alleged diversion of a part of such pleasure grounds from the use to which it is averred in the complaint and admitted in the answer to have been dedicated. From a decree granting the relief prayed for in the complaint, the defendants appeal.
1Opinion of the CourtJustice Mooee
It appears from the evidence that, pursuant to a municipal ordinance, the City of Portland, on February 20, 1871, secured by purchase a tract of land to be used as a public park, the west line of which borders in part upon the east line of Edison Street. The plaintiffs about March, 1909, purchased all the lots on the east side of block 1, and also the southeast lot in block 2 immediately north thereof, in Parkside in that city, which real property consists of resident lots that bor*242der on the west side of Edison Street at the place indicated. At the time the latter purchases were made, a…
2Cases cited8 opinions
- Spires v. City of Los AngelesCalifornia Supreme Court · 1906
- Revell v. PeopleIllinois Supreme Court · 1898
- Church v. City of PortlandOregon Supreme Court · 1889
- People ex rel. Britton v. Park and Ocean RailroadCalifornia Supreme Court · 1888
- State v. WoodwardSupreme Court of Vermont · 1850
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3Cited by3 opinions
- Lowell v. Pendleton Auto Co.Oregon Supreme Court · 1927
- Sunset Lake Water Service District v. RemingtonCourt of Appeals of Oregon · 1980
- Roberts v. City of Palos Verdes EstatesCalifornia Court of Appeal · 1949