McKENNEY v. CITY OF LAKE OSWEGO


569 P.2d 27 (1977)

30 Or.App. 913

Mary McKenney, John McKenney and Elizabeth Rothenberger, Respondents-Cross-Appellants, v. CITY OF LAKE OSWEGO et al., Appellants-Cross-Respondents.

Court of Appeals of Oregon.

Decided September 12, 1977.


Attorney(s) appearing for the Case

Lawrence Wm. Jordan, Jr., Lake Oswego, argued the cause and filed the briefs for appellants-cross-respondents.

John S. Marandas, Portland, and James R. Carskadon, Jr., Milwaukie, argued the cause for respondents-cross-appellants. With them on the brief were Bloom, Chaivoe, Ruben, Marandas & Berg, Portland, and Redman, Carskadon & Knauss, Milwaukie.

Before SCHWAB, C.J., and TANZER and JOHNSON, JJ.


SCHWAB, Chief Judge.

This writ-of-review proceeding challenges the defendant city's adoption of a "Resolution to Construct" as the first step toward formation of a local improvement district. The trial court ruled the resolution was invalid. The assignments of error presented by defendants' appeal are all resolved by our conclusion that the trial court lacked jurisdiction to consider this writ of review.

ORS 223.387 et seq. specifies the general procedures...

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