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BOYLE v. CITY OF BEND

234 Or. 91 (1963)

380 P.2d 625

BOYLE ET AL v. CITY OF BEND

Supreme Court of Oregon.

Affirmed April 10, 1963.

Attorney(s) appearing for the Case

Howard A. Rankin, Portland, argued the cause for appellant. With him on the briefs were Harry A. English, City Attorney, Bend, and Shuler, Sayre, Winfree & Rankin and Michael J. Walsh, Portland.

Joseph Larkin, Redmond, argued the cause for respondents. With him on the brief were Cunning, Brewster, Copenhaver & Larkin, Redmond, and Emerson U. Sims, Portland.

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

AFFIRMED.

O'CONNELL, J.

This is a proceeding in which the validity of a special assessment levied against plaintiffs' property by defendant city is at issue. Defendant city appeals from a judgment entered on a verdict in favor of plaintiffs.

In 1957 defendant started plans for the improvement of that part of U.S. Highway 97 which constituted East Third Street in the city of Bend. The city commission, through appropriate resolutions, approved the plans...

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