Legal Opinion · Dissent
Noonan v. City of Portland
Oregon Supreme Court
Decided December 1, 1938Published
1Dissent
"Unless prohibited by some provision of the federal or state constitution, it is within the power of the legislature to provide that a city shall or shall not be liable for its failure to perform a municipal duty. It cannot, of course, destroy vested rights which would be a taking of property without compensation, nor can it impair the obligation of contracts. These are prohibited both by the federal and state constitutions. But no person has a vested right to a remedy for an injury which may or may not happen in the future because of some future tort."
The above constitutes a review of all of…
2Cases cited28 opinions
- Silver v. SilverSupreme Court of the United States · 1929
- MacMullen v. . City of MiddletownNew York Court of Appeals · 1907
- Stewart v. HoukOregon Supreme Court · 1928
- Perozzi v. GaniereOregon Supreme Court · 1934
- Gearin v. Marion CountyOregon Supreme Court · 1924
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