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ALOHA SANITARY DIST. v. WILKENS

245 Or. 40 (1966)

420 P.2d 74

ALOHA SANITARY DISTRICT v. WILKENS ET AL

Supreme Court of Oregon.

Affirmed November 16, 1966.

Attorney(s) appearing for the Case

Darrel L. Johnson, Portland, argued the cause for appellants. With him on the briefs were Pendergrass, Spackman, Bullivant and Wright; Charles E. Wright, and Hugh K. Cole, Jr., Portland.

Carrell F. Bradley, Hillsboro, argued the cause for respondent. With him on the brief were Schwenn and Bradley, Hillsboro.

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

AFFIRMED.

O'CONNELL, J.

This is a proceeding brought by the Aloha Sanitary District under the authority of ORS 33.710 and 33.720 to obtain a judicial declaration as to the legality of an ordinance enacted by the district. Defendants appeal from a decree declaring the ordinance valid.

The ordinance in question provides for the levy of a special assessment against property to be benefited by a sewer project. The...

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