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WESTERN AMUSEMENT CO., INC. v. CITY OF SPRINGFIELD

545 P.2d 592 (1976)

WESTERN AMUSEMENT COMPANY, Inc., a California Corporation, Petitioner, v. CITY OF SPRINGFIELD, a Municipal Corporation, Respondent.

Supreme Court of Oregon, In Banc.

Decided January 22, 1976.

Attorney(s) appearing for the Case

Laurence E. Thorp, Springfield, argued the cause for petitioner. With him on the briefs were Sanders, Lively & Wiswall, Springfield.

Edward C. Harms, Jr., Springfield, argued the cause and filed briefs for respondent.

DENECKE, Justice.

This is a proceeding to review a special assessment levied by the city to pay for the construction of a street.

The petitioner, Western Amusement Company, filed a writ of review in the circuit court to reverse the city council's levy of assessment. The circuit court generally found the petitioner's property was not benefited by the street and "annulled" the assessment. The city appealed to the Court...

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