Henderson v. City of Sheridan

• Decision Date: 20 July 1920
• Parties: HENDERSON ET AL. v. CITY OF SHERIDAN ET AL.
• Court: Oregon Supreme Court

191 P. 350

97 Or. 149

HENDERSON ET AL. v. CITY OF SHERIDAN ET AL.

Supreme Court of Oregon

July 20, 1920

Department 2.

Appeal from Circuit Court, Yamhill County; H. H. Belt, Judge.

Suit by E. U. Henderson and others against the City of Sheridan, a municipal corporation, and E. F. Dack, Marshal of the City. From a decree for plaintiffs, defendants appeal. Affirmed.

This is a suit brought to enjoin the city of Sheridan from the collection of an assessment for an improvement upon Bridge street in said city. Section 59 of the charter of Sheridan is as follows:

"Such notice must be given by the recorder by order of the council, and must specify with convenient certainty the street, or part thereof, proposed to be improved, or of which the grade is proposed to be established or altered and the kind of improvement which is proposed to be made and the time when the council will hear and determine objections and remonstrances thereto, if any."

The notice of intention to improve the street is as follows:

"Notice of Proposed Street Improvement.

"Notice is hereby given to all persons having and owning property adjacent and abutting upon Bridge street, from the south end of the south wooden approach to the bridge across the Yamhill river, south to the north line of Mill street, all in the city of Sheridan, Oregon.

"Take notice: That the common council of the city of Sheridan contemplates the passage of an ordinance requiring the improvement of Bridge street from the south end of the south wooden approach to the bridge across the Yamhill river, southerly to the north line of Mill street, at the cost and expense of the abutting and adjoining property, in the following manner, to wit:

"By resurfacing said portion of Bridge street from curb to curb, with a wearing surface of asphaltic concrete pavement, and bringing said surface to the proper grade crown, thickness, and wearing surface, and by constructing inlets and providing the proper drainage of said streets where necessary, 'and to assess the cost and expense thereof against the adjoining property to said street.'

"That the common council has so declared its intention to make the above-described improvement by duly passing a certain resolution on the 16th day of June, 1919, and approved as of the same date, and which resolution is referred to and made a part of this notice. Said resolution may be read by any interested property owner by making application to the city recorder.

"Now therefore, all persons interested in said proposed improvement of said portion of Bridge street, south of the Yamhill river and north of the north line of Mill street and especially the owners of property abutting and adjoining thereon, are hereby notified that the common council will meet in the council chambers in the city hall of Sheridan, Oregon, on the 30th day of June, 1919, at the hour of 8 o'clock p. m. on said date, to hear and determine any and all objections, if any there be, to the making of said proposed improvement, and to attend at said time and place and make known your objections to the making of said improvement, if any you have.

"Done by order of the common council of said city on the 16th day of June, 1919.

"Witness my hand and the official seal of the city of Sheridan this 17th day of June, A. D. 1919.

"(Signed)

J. R. Sanders,

"Recorder of the City of Sheridan, Oregon."

Upon the trial the court held that the notice was insufficient to give property owners...