Ladd v. Spencer

Citations

• 23 Or. 193
• 31 P. 474
• 1892 Ore. LEXIS 128

Syllabus

<p>Municipal Corporation — Notice op Improvement. — A notice of a proposed street improvement that does not comply with the requirements of the city charter, does not confer jurisdiction to levy an assessment, and all proceedings thereunder are void.</p> <p>Idem — Power op Recorder to Issue New Notice. — A recorder of a city having once published a notice of a proposed street improvement, cannot publish a new or an amended notice without-special authority of the council. Dowell v. City of Portland, 13 Or. 252 (10 Pac. Eep. 308), approved.</p> <p>Idem — Street Improvements — Sufficiency of Notice. — The charter of East Portland, article 6, section 2 (Sess. Laws, 1885, p. 303), provides that the common council shall cause the recorder to give notice of contemplated street improvements by publishing a notice for fifteen days previous to undertaking such improvements, which “ notice must specify with convenient certainty the street or part of street proposed to be improved, * * * and the kind of improvement to be made.” Held, that a notice of a proposed improvement of a street “by building to the established grade an elevated roadway thirty-six feet wide, 'and elevated sidewalks twelve feet wide,” was not a compliance with the charter, since it did not inform the property owners of the materials to be used, or of the character of work proposed, from which an estimate of the cost could be made.</p> <p>Equity — Estopped — Tender of Tax. — An abutting property owner may, without tendering the amount of the benefits, invoke the aid of equity against the consequences of an assessment for street improvements which were made under void proceedings, where he protested against the improvements at their inception.'</p>