Murray v. La Grande
Oregon Supreme Court
From Union: John W. Knowles, Judge. In Banc. Statement by Ms. Justice Burnett. This is a suit by Jennie Murray, B. F, "Webb, Francis J. Crawford, John C. McEwen, Charles Floberg, Oscar Thompson, Louis Strom, F. B. Tufverson and the La Grande Real Estate Association, a private corporation, against the City of La Grande, in Union County, Oregon, M. K. Hall, Mayor of said city, Lee "Wamick, Recorder of said city, J. H. McLachlen, Chief of Police of said city, and the Common…
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From Union: John W. Knowles, Judge. In Banc. Statement by Ms. Justice Burnett. This is a suit by Jennie Murray, B. F, "Webb, Francis J. Crawford, John C. McEwen, Charles Floberg, Oscar Thompson, Louis Strom, F. B. Tufverson and the La Grande Real Estate Association, a private corporation, against the City of La Grande, in Union County, Oregon, M. K. Hall, Mayor of said city, Lee "Wamick, Recorder of said city, J. H. McLachlen, Chief of Police of said city, and the Common Council of said city, to permanently enjoin the collection of an assessment to cover the expense of making certain street…
1Opinion of the CourtJustice Burnett
1. The vital question in this case is whether, under the charter and in the circumstances to which it is at*602tempted to apply its provisions mentioned, the city could make the reassessment in question. It is well settled that the imposition of a tax upon property by a municipality for a local improvement is a hostile proceeding, and, before realty can be charged with such an expense, the taxing body must have complied with the provisions of its fundamental law on the question of jurisdiction: Strout v. City of Portland, 26 Or. 294-299 (38 Pac. 126); Smith v. Minto, 30 Or. 351 (48 Pac. 166);…
2Cases cited13 opinions
- Mills v. CharletonWisconsin Supreme Court · 1872
- Hughes v. City of PortlandOregon Supreme Court · 1909
- Duniway v. PortlandOregon Supreme Court · 1905
- Schintgen v. City of La CrosseWisconsin Supreme Court · 1903
- Bank of Columbia v. PortlandOregon Supreme Court · 1902
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Fisher v. City of AstoriaOregon Supreme Court · 1928
- Phipps v. MedfordOregon Supreme Court · 1916
- Kvello v. City of LisbonNorth Dakota Supreme Court · 1917
- Birnie v. La GrandeOregon Supreme Court · 1915
- Butler v. City of BlackfootIdaho Supreme Court · 1978
5 more not listed; retrieve them via the Exa API.