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STANLEY v. CITY OF SALEM

247 Or. 60 (1967)

427 P.2d 406

STANLEY ET AL, Respondents, v. CITY OF SALEM, Appellant. A.C. HAAG & CO. ET AL, Respondents, v. CITY OF SALEM, Appellant.

Supreme Court of Oregon.

Reversed May 10, 1967.

Attorney(s) appearing for the Case

William J. Juza, Salem, argued the cause for appellant. With him on the brief was Ted Barbera, Salem.

Myron L. Enfield, Salem, argued the cause for respondents. With him on the brief were George A. Rhoten and Rhoten, Rhoten & Speerstra, Salem.

Before PERRY, Chief Justice, and McALLISTER, SLOAN, GOODWIN, DENECKE, FORT and BELLONI, Justices.

REVERSED.

DENECKE, J.

The plaintiffs brought suits to enjoin the City of Salem from enforcing special assessments against their properties. The assessments were for the purpose of paying part of the city's cost of widening Silverton Road. The trial court held that the adjoining property owners received no special benefits from the improvement and, therefore, the assessments were invalid. The court enjoined the city and it appeals.

Silverton Road runs...

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