66 P. 441 | Or. | 1901
delivered the opinion.
This is a suit to enjoin the collection of a street assessment by levy and sale under a warrant issued by authority of the City of Portland, and to declare the assessment void, which plaintiff avers is a cloud upon its title. On July 21, 1897, the Common Council of the City of Portland passed an ordinance declaring it expedient and necessary to repair the elevated roadway on Grand Avenue from the north line of East Everett Street to a line 137 feet north of East Flanders Street, and directing that the cost of such repair be assessed upon the adjacent or abutting property. When notice was given of the city’s intention to make the repair, the plaintiff filed a remonstrance in opposition thereto, and against the assessment of the cost thereof upon the property involved. Plaintiff was the owner of fractional lot 5, all of lot 6, and the south 37 feet of lot 7, in block 111; lots 5, 6, and 7, and fractional lot 8 in block 110; the south 37 feet of lot 2, and fractional lot 3, block 112; and lots 1, 2, 3, and 4, block 113, — in East Portland, now the City of Portland, which constitutes more than one half of the property adjacent to that portion of the street sought to be repaired; but, notwithstanding, the common council disregarded the remonstrance, proceeded with the repair, and assessed the cost thereof against the plaintiff’s said property. These facts appear by the complaint, and, a demurrer thereto having been sustained, the plaintiff refused to plead further, whereupon a decree was entered dismissing its complaint, with costs, from which this appeal was taken.
Reversed.