Kennedy v. Portland
Oregon Supreme Court
From Multnomah: Robert G. Morrow, Judge. Department 1. This is a suit in equity to restrain the City of Portland from collecting certain assessments for the cost of improving Fiftieth Avenue, Southeast, in said city, in front of the properties of the several plaintiffs, and to recover damages for the wrongful appropriation of plaintiffs’ private property for public use without compensation.
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From Multnomah: Robert G. Morrow, Judge. Department 1. This is a suit in equity to restrain the City of Portland from collecting certain assessments for the cost of improving Fiftieth Avenue, Southeast, in said city, in front of the properties of the several plaintiffs, and to recover damages for the wrongful appropriation of plaintiffs’ private property for public use without compensation. Separate suits were begun by Josephine ' Maher, as the owner of the land known as “Rosemary Park,” and by Kennedy and Fobert as the owners of Lot 24, in an addition known as “Marysville.”' After issue…
1Opinion of the CourtBenson, J.
1. The one question presented by the record is this: Has the defendant established by the evidence, a right to the use of the land as a public street, either by implied dedication, or by adverse user? The evidence discloses that in the year 1881, one ¥m. Kern filed for record in the office of the county clerk of Multnomah County, a plat of “Marysville,” being a tract of land, subdivided into lots of about five acres each, such tract being intersected, according to the plat, by a street called “Garfield Street,” which is now known as “50th Ave. S. E.” This street is shown by the plat to be 30…
2Cases cited6 opinions
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- Schwerdtle v. County of PlacerCalifornia Supreme Court · 1895
- Town of Marion v. SkillmanIndiana Supreme Court · 1891
- Hartley v. VermillionCalifornia Supreme Court · 1903
- McLane v. United StatesSupreme Court of the United States · 1832
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3Cited by3 opinions
- Estate of Verd Hill v. HendersonOregon Supreme Court · 1953
- Slater v. LathropCourt of Appeals for the Ninth Circuit · 1921
- Lathrop v. SlaterDistrict Court, D. Alaska · 1920