108 P. 186 | Or. | 1910
delivered the opinion of the court.
3. In Wingate v. Astoria, 39 Or. 603, 604 (65 Pac. 982, 983), Mr. Justice Bean says:
“It is the settled law of this State, supported by the weight of authority, that, where the municipal authorities have jurisdiction to improve a street, a property owner who, with knowledge of such improvement, makes no objection until after the work has been completed, cannot enjoin the collection of the assessment on the ground that the proceedings have not been regular.”
As there stated, the objection that the local assessments were not in fact made according to the benefits does not go to the jurisdiction of the council to make the improvement, and therefore cannot be the basis of a suit to enjoin the collection of the assessment after the improvement has been made. It is immaterial that the plaintiffs did not have actual notice. The construction notice provided for by Section 100 of the charter is all that is required. This gave plaintiffs ample opportunity to be heard as to any irregularities in the proceedings, and, not having
7. The objection that the viewers were appointed by the mayor, and not by the council, is without merit. The record shows that at a council meeting the viewers were appointed by the mayor in which the council acquiesced, and such appointment is recognized and recorded as part of the transactions of the council.
The decree of the lower court is affirmed.
Affirmed.