# State Construction Corporation v. Scoggins

> Oregon Supreme Court · May 26, 1971 · 259 Or. 371

URL: https://www.frixlaw.com/law-library/cases/9791700

## Case

- **Full name:** SCOGGINS, Respondent, v. STATE CONSTRUCTION CORPORATION, Appellant, and STATE CONSTRUCTION CORPORATION, Appellant, v. SCOGGINS Et Al, Respondents
- **Court:** Oregon Supreme Court
- **Decided:** May 26, 1971
- **Citations:** 259 Or. 371; 485 P.2d 391; 1971 Ore. LEXIS 382
- **Precedential status:** Published
- **Opinion:** Dissent by Tongue
- **Judges:** Denecke, Bryson, Tongue
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9791700

## Opinion text

TONGUE, J.,
dissenting.
I join in the dissenting opinion of Mr. Justice Bryson. I also question the constitutionality of a statutory procedure under which a homeowner can be deprived of his home without proof of actual notice of the proceedings under which his home was sold for failure to pay a delinquent assessment. See Walker v. Hutchinson City, 352 US 112, 116 , 77 S Ct 200 , 1 L ed 2d 178 (1956), and Mullane v. Central Hanover Bank & Trust Co., 339 US 306 , 70 S Ct 652 , 94 L ed 865 (1950). Cf. Hood River County v. Dabney, 246 Or 14 , 423 P2d 954 (1967). Thus, even though the question of constitutionality was not raised by plaintiff’s counsel, it is of such importance that I would set this case for reargument upon that question.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9791700. Public record. Not legal advice.