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GILBERT v. CITY OF EUGENE

465 P.2d 880 (1970)

K.D. GILBERT, an Individual and K.D. Gilbert, an Oregon Corporation, Respondents, v. CITY OF EUGENE, a Municipal Corporation of the State of Oregon, Appellant.

Supreme Court of Oregon, In Banc.

Decided March 11, 1970.

Attorney(s) appearing for the Case

Herman P. Hendershott, Eugene, argued the cause for appellant. With him on the briefs was Douglas G. Combs, Eugene.

Henry J. Camarot, Springfield, argued the cause and filed brief for respondents.

SLOAN, Justice.

This is a proceeding to set aside certain special sewer assessments levied by defendant against properties owned by plaintiffs. The trial court did void the challenged assessments. Defendant, city of Eugene, appeals.

Part of the property involved is owned by plaintiff Gilbert as an individual. The other property is owned by plaintiff K.D. Gilbert, a corporation. The issues presented are the same as to the property of each plaintiff and will...

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