Rice v. Douglas County
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Department 1. This proceeding was brought to review the action of the County Court of Douglas County in establishing a county road through plaintiffs’ premises.
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From Douglas: James W. Hamilton, Judge. Department 1. This proceeding was brought to review the action of the County Court of Douglas County in establishing a county road through plaintiffs’ premises. On the twenty-third day of April, 1917, a petition was filed in the County Court, sufficiently specifying the termini and general route of the proposed road, with the following proof of posting of notices, omitting the formal parts of the affidavit: "I, G. 0. Willis, being first duly sworn on oath say that I posted three notices (a copy of which is hereto annexed) of the proposed road, in the…
1Opinion of the CourtMcBRIDE, C. J.
1, 2. We are of the opinion that the saving clause above mentioned is broad enough to cover the proceeding at Bar, and that the intent of the legislature was to preserve from destruction all pending proceedings for the establishment of county roads. The petition may fairly be construed to be a request, in legal form, to the County Court to cause the machinery of the law to be set in motion to lay out a county road and, if necessary, to condemn land for that purpose. The petitioners do not technically institute the proceedings, but request the County Court to do so. After such petition, with…
2Cases cited9 opinions
- Minard v. Douglas CountyOregon Supreme Court · 1881
- Drainage District No. 7 v. BernardsOregon Supreme Court · 1918
- Town of Huntington v. BirchSupreme Court of Connecticut · 1837
- Latimer v. Tillamook CountyOregon Supreme Court · 1892
- Cameron v. Wasco CountyOregon Supreme Court · 1895
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3Cited by3 opinions
- Re Harper Irrigation DistrictOregon Supreme Court · 1923
- First National Bank of Oregon v. Mobil Oil Corp.Oregon Supreme Court · 1975
- Robert Leigh v. The United States of AmericaCourt of Appeals for the Ninth Circuit · 1978