HAYES v. CITY OF ALBANY


490 P.2d 1018 (1971)

David HAYES, Appellant, v. CITY OF ALBANY, Oregon, a Municipal Corporation, Respondent.

Court of Appeals of Oregon, Department 2.

Decided November 26, 1971.


Attorney(s) appearing for the Case

Frank L. Whitaker, Portland, argued the cause and filed the briefs for appellant.

Merle A. Long, Albany, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and FOLEY and FORT, JJ.


FORT, Judge.

This declaratory judgment proceeding is brought by plaintiff, a home builder, who seeks to have two ordinances of the city declared void. One is amendatory of the other, and both relate to disposal of sewage.

Following a charter amendment authorizing construction of a sewage disposal system, the city in 1967 adopted Ordinance No. 3330. This established classes of sewer users and, by Section 3, provided monthly charges varying with the uses set...

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