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CITY OF WOODBURN v. DOMOGALLA

238 Or. 401 (1964)

395 P.2d 150

CITY OF WOODBURN v. DOMOGALLA

Supreme Court of Oregon.

Reversed September 10, 1964.

Attorney(s) appearing for the Case

Hattie Bratzel Kremen, District Attorney, Salem, and Theodore W. de Looze, Special Assistant District Attorney, Salem, argued the cause for appellant. With them on the briefs was Norman F. Webb, Deputy District Attorney, Salem.

J. Wallace Gutzler, City Attorney, Woodburn, argued the cause for respondent. With him on the brief were Eichsteadt, Gutzler, May & Bolland, Woodburn.

Alexander G. Brown, City Attorney, and Marian C. Rushing, Chief Deputy City Attorney, Portland; Gene B. Conklin, City Attorney, Pendleton; William J. Juza, City Attorney, Salem; William A. Masfield, City Attorney, Medford; Charles A. Phipps, City Attorney, The Dalles; Orval Etter, Research Attorney, League of Oregon Cities, Eugene, filed a brief as amici curiae.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN, O'CONNELL, GOODWIN and DENECKE, Justices.

REVERSED.

O'CONNELL, J.

This is an appeal from a decree of the Oregon Tax Court allowing a peremptory writ of mandamus which directed defendant to extend on the Marion county assessment rolls a levy for street lighting purposes authorized by an ordinance of plaintiff city.

Plaintiff adopted an ordinance referring to the inhabitants of Woodburn a charter amendment authorizing a levy for street lighting purposes. The levy

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