Wilson v. City of Salem

• Decision Date: 13 November 1893
• Citation: 24 Or. 504,34 P. 691
• Parties: WILSON et al. v. CITY OF SALEM et al.
• Court: Oregon Supreme Court

34 P. 691

24 Or. 504

WILSON et al. v. CITY OF SALEM et al.

Supreme Court of Oregon

November 13, 1893

On rehearing. For former report, see 34 P. 9.

BEAN, J.

A petition for rehearing has been filed, in which it is contended that the mode of making an assessment for street improvements is provided by the charter, and therefore an assessment by the front foot is invalid and void. The rule is undisputed that, if the charter prescribes a mode or rule for ascertaining the cost of making a proposed street improvement to be assessed against the adjoining property, that mode must be pursued, and the council cannot adopt another. But, from a careful re-examination of the charter under consideration in this case, we are still of the opinion that its only effect is to declare that the property shall be liable for the cost of making a proposed improvement upon the half street in front thereof, and to vest the power in the council of ascertaining and assessing such cost upon each lot or part thereof. But the charter nowhere prescribes a rule or mode which the council shall adopt in estimating or ascertaining the cost of making the improvement, and, in the absence of such a provision, it is at liberty to adopt the mode which seems to it most likely to determine the actual cost of making an improvement in front of the property to be assessed; and, if the mode adopted by the council in the case was inequitable or unjust, it is now too late for the property owner to complain, as he had an opportunity to be heard before the assessment was made. The former opinion of the court is therefore adhered to, and the cause will be remanded, as therein directed.