1. Home
  2. Browse Decisions
  3. P.2d
  4. 449 P.2d
  5. 449 P.2d 646 (1969)
 

BANKUS v. CITY OF BROOKINGS

449 P.2d 646 (1969)

Elmer BANKUS, an Individual Dba Brookings Water Company, Respondent, v. CITY OF BROOKINGS, an Oregon Municipal Corporation, Appellant.

Supreme Court of Oregon, In Banc.

Decided January 15, 1969.

Attorney(s) appearing for the Case

W.W. Balderree, Grants Pass, argued the cause for appellant. On the briefs were Balderree & Calvert, Grants Pass.

F.H. Starkweather, Jr., Gold Beach, argued the cause and filed a brief for respondent.

Robert Y. Thornton, Atty. Gen., and Richard W. Sabin, Asst. Atty. Gen., Salem, filed a brief as amicus curiae, on behalf of the Public Utility Commissioner of Oregon.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

SLOAN, Justice.

For several years plaintiff had operated a water system in the confines of defendant city of Brookings. In August of 1966, he made an agreement with a cemetery association to construct a water line to the cemetery. This required excavating a ditch of about 2,000 feet in length and 2 feet wide along a city street. The city ordinance required plaintiff to obtain a city permit for this purpose. The pertinent sections of the ordinance are in the margin...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases