Halderman v. City of Astoria

• Decision Date: 19 July 1932
• Citation: 13 P.2d 358,140 Or. 160
• Parties: HALDERMAN et al. v. CITY OF ASTORIA et al.
• Court: Oregon Supreme Court

13 P.2d 358

140 Or. 160

HALDERMAN et al. v. CITY OF ASTORIA et al.

Supreme Court of Oregon

July 19, 1932

In Banc.

Original mandamus proceeding by Bertha A. Halderman and another against the City of Astoria and another.

Peremptory writ issued.

G. C Fulton, of Astoria, for plaintiffs.

James L. Hope, of Astoria, for defendants.

BELT J.

This is an original mandamus proceeding to compel the city of Astoria to accept one of its municipal bonds in full payment and satisfaction of certain special assessments levied on the property of the plaintiff. It appears from the petition for the alternative writ that on June 6, 1932, the charter of the city of Astoria was amended by the addition of section 210 which provides as follows: "That all the duly issued valid and unpaid bonds and/or bond interest coupons, and general fund warrants of the City of Astoria are hereby also declared to be legal tender for the purpose of paying all or any part of special assessment liens, interest and penalty thereon, now owing and payable to the City of Astoria on real property within said City, and the officers of the City of Astoria charged with the collection of such assessments are hereby authorized and empowered to accept such bonds, interest coupons, and general fund warrants at the par value thereof in payment of such special assessments provided, however, that assessments levied and due the City of Astoria for sanitary and reclamation in Districts Nos. Two (2) and Three (3) of the City of Astoria are excepted from the operation of this amendment, and no such bonds, interest coupons, or warrants to be accepted in payment of said last mentioned assessments."

Prior to the above charter amendment, the city had made many public street improvements, and had provided that the cost thereof should be defrayed by special assessments to be levied upon the real property benefited thereby. It is alleged that substantially all of the owners of property upon which such special assessments had been made, elected, under the provisions of section 79 of the city charter to pay these assessments in installments. Upon the acceptance of the applications of property owners to pay in installments, the city, prior to this charter amendment, issued its improvement bonds equal to the total amount of such unpaid assessments. From the proceeds of the sale of these bonds, the contractor who did the improvement work was paid.

Plaintiff purchased a bond of the city, and tendered it in payment of the assessments levied on his property. Upon failure of the city to accept such bond and the accrued interest thereon, in satisfaction of such assessment liens, this mandamus proceeding was instituted.

The city has demurred to the writ asserting that section 210 of the charter is...