Curtis v. Tillamook City
Oregon Supreme Court
From Tillamook: George R. Bagley, Judge. Department 1. This is a suit against Tillamook City to quiet title to some lots in that town. Thus called upon to assert its claim, the municipality set up certain proceedings it had carried on for the purpose of reassessing the property for the payment of the expense of building a concrete sidewalk along its front, there having been a previous attempt to collect the charge for making the improvement.
Read the full summary
From Tillamook: George R. Bagley, Judge. Department 1. This is a suit against Tillamook City to quiet title to some lots in that town. Thus called upon to assert its claim, the municipality set up certain proceedings it had carried on for the purpose of reassessing the property for the payment of the expense of building a concrete sidewalk along its front, there having been a previous attempt to collect the charge for making the improvement. These transactions were challenged by the reply. The case was heard on a stipulation of facts and from a decree dismissing the suit, the plaintiffs…
1Opinion of the CourtBurnett, J.
1, 2. The first contention urged by the plaintiffs is that the city exhausted its power over the property by the proceedings under the first assessment. It is agreed that the claim of the city for the expense in making the improvement has never been paid by anyone. It is stated that when the property was offered for sale the mayor of the city, although not authorized to do so by any municipal law then in existence, attended and bid for the property as such officer the amount of the assessment and it was struck off to him. In support of the doctrine that a sale of the property exhausts the…
2Cases cited13 opinions
- Colby v. City of MedfordOregon Supreme Court · 1917
- Hughes v. City of PortlandOregon Supreme Court · 1909
- Bennington Lumber Co. v. AttawaySupreme Court of Oklahoma · 1916
- Dowell v. City of PortlandOregon Supreme Court · 1886
- Phipps v. MedfordOregon Supreme Court · 1916
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Strode v. SullivanArizona Supreme Court · 1951
- Campbell v. City of EugeneOregon Supreme Court · 1925
- City of Salem v. Oregon-Washington Water Service Co.Oregon Supreme Court · 1933
- State v. GibsonOregon Supreme Court · 1948
- State Ex Rel. Huckestein v. PoulsenOregon Supreme Court · 1932
1 more not listed; retrieve them via the Exa API.