123 P. 902 | Or. | 1912
This is an appeal from the decision of the circuit court, sustaining a writ of review issued to the county court of Wallowa County. Defendant county appeals.
“The county road viewers in the respective counties within the State of' Oregon shall locate all county roads upon the best and easiest grades obtainable between the beginning and ending points described in the petition asking for a public highway. They shall have the right to deviate from the proposed line described in said petition at such point or points as will in their judgment enable them to avoid steep grades and to locate the road upon better ground for a road than that described in the petition, but to follow the directions stated in the petition as nearly as practicable.”
This gives the viewers some latitude and the right to exercise some discretion in the location of the road, confining them, however, definitely to the point of beginning and the point of termination. This court has recognized and allowed such latitude prior to this statute, notably in Ames v. Union County, 17 Or. 600, 604 (22 Pac. 118). The statute since 1860 (Section 4785, B. & C., and contained in Section 6284, L. O. L.) also gives to the viewers some discretion in these matters. Therefore it was not fatal to the petition that all the intermediate points of the road were not definitely stated, or were not definitely adhered to by the viewers.
Woodruff v. County of Douglas, 17 Or. 314 (21 Pac. 49) ; Sime v. Spencer, 30 Or. 340 (47 Pac. 919), and
It will be seen from this section that, if there is a remonstrance filed, the court cannot make the final order until the remonstrance is disposed of; and likewise, if there is a claim for damages, it is also an obstacle in the way of the final order until the claim is disposed of. Elliott, having appealed from the award of damages and also from the judgment in the circuit court, appealed to the Supreme Court, and further action by the county court in that regard was suspended. Therefore the appeal ipso facto suspends the proceeding, so far as it relates to the final order for the opening of the road without
We have examined the other assignments in the petition for the writ, and find no error in the ruling of the county court. The decree of the circuit court is reversed, and the writ of review dismissed and the cause remanded.
Reversed : Writ Dismissed.