Northern Pacific Terminal Co. v. City of Portland

Complainant appeals from a decree rendered against it in a suit wherein the relief asked was for an injunction restraining defendants from selling complainant’s property under a lien, arising from a special assessment which was levied for the purpose of obtaining revenue to defray the cost of the construction of an improvement known as the “Front Street Intercepting Sewer and Drainage System,” in the city of Portland, Or.

The Willamette river runs through the city of Portland, separating the city into what is called the “East Side” and the ‘West Side.” The business district on the west side of the river extends westerly from the river bank, a distance of several blocks. It appears that prior to the construction of the intercepting sewer involved herein, appellant, which operates a railroad terminal in Portland, built the necessary terminal facilities, including a union station, upon a filled in lake bed. There was a high strip of ground between the lake and the river. Appellant filled in the lake bed, principally with sand and gravel taken from the river, up to an elevatii n of 32 feet; the work being completed about the year 1893. The water in the fill of the lake bed and which…