Heiple v. City of East PortLand
Oregon Supreme Court
Multnomah County. Plaintiff appeals. The power to construct or repair a highway does not imply a power to charge the expense of such repair or construction against the owner of the adjacent land, nor authorize the expense of such repair or construction to be imposed as a lien on the abutting land, as may be done in case of the improvement of a street, unless a public highway is to be deemed a street. But a highway is not a street.
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Multnomah County. Plaintiff appeals. The power to construct or repair a highway does not imply a power to charge the expense of such repair or construction against the owner of the adjacent land, nor authorize the expense of such repair or construction to be imposed as a lien on the abutting land, as may be done in case of the improvement of a street, unless a public highway is to be deemed a street. But a highway is not a street. (Indianapolis v. Groas, 7 Ind. 9; Lafayette V. Jenners, 10 Id. 74, 79; 2 Dillon on Corp., secs. 676, 677,' notes; Debolt v. Garter, 31 Ind. 367; Clark v.…
1Opinion of the CourtLord, J.
The appellant was the owner of certain lands in East Portland described in his complaint. He alleged *100that of the lands so owned by him the defendant city had unlawfully, and .without authority, taken and appropriated as a street, or part of a street, a strip 30 by 322 feet; that he had not at any time, or in any manner, dedicated the same as a street, and that the city of East Portland had not, by any action, suit, or proceeding whatsoever, opened, laid out, widened, or extended Fourth Street over said strip, but that, notwithstanding this, the city authorities, in the year 1883, declared the…
2Cases cited5 opinions
- Debolt v. CarterIndiana Supreme Court · 1869
- Conner v. President of New-AlbanyIndiana Supreme Court · 1820
- Respublica v. ArnoldSupreme Court of Pennsylvania · 1802
- Clark v. CommonwealthCourt of Appeals of Kentucky · 1878
- Hamlin v. City of NorwichSupreme Court of Connecticut · 1873
3Cited by14 opinions
- Cabell v. City of Cottage GroveOregon Supreme Court · 1942
- McGrew v. StewartSupreme Court of Kansas · 1893
- Bowers v. NeilOregon Supreme Court · 1912
- Burns v. McDanielCourt of Appeals of Texas · 1942
- Cole v. SeasideOregon Supreme Court · 1916
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