City of Grants Pass v. Rogue River Public Service Corp.
Oregon Supreme Court
From Josephine: Frank M. Calkins, Judge. Statement by Me. Justice Burnett. By an ordinance adopted by its legal voters the City of Grants Pass granted a franchise to the defendant Rogue River Public Service Corporation to plant poles, string wires and do other things necessary for the establishment of an electric plant in that town.
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From Josephine: Frank M. Calkins, Judge. Statement by Me. Justice Burnett. By an ordinance adopted by its legal voters the City of Grants Pass granted a franchise to the defendant Rogue River Public Service Corporation to plant poles, string wires and do other things necessary for the establishment of an electric plant in that town. The ordinance required that the grantee give a bond to the municipality in the sum of $1,000 conditioned substantially that it should have a certain portion of its service in full operation within nine months after the date of the enactment and afterwards should…
1Opinion of the CourtJustice Burnett
1. The plaintiff city operates under a charter enacted by the legislative assembly of the state in the form of an act approved February 16, 1901. In the present juncture it relies for sanction of its action not only upon that enactment, but also upon the general statute of 1893 embodied in Title XXVI, L. O. L., Chapters 1-5 inclusive. Section 3211, L. O. L., reads thus:
“Municipal corporations now existing in this state, or hereafter organized therein under this act, shall be bodies politic and corporate, under the name of the city or town, as the case may be, of-, and as such may sue and be…
2Cases cited1 opinion
- Salem v. AnsonOregon Supreme Court · 1902
3Cited by5 opinions
- Wright v. Schutt Construction Co.Oregon Supreme Court · 1972
- Portland Baseball Club v. City of PortlandOregon Supreme Court · 1933
- City of Idanha v. Consumers Power, Inc.Court of Appeals of Oregon · 1972
- PAGET ET UX v. City of PendletonOregon Supreme Court · 1959
- State Ex Rel. Luckey v. JamesOregon Supreme Court · 1950