ASPGREN v. CITY OF COLUMBIA CITY

No. 21654; CA 8958, No. 22419; CA 8958.

581 P.2d 536 (1978)

Kenneth ASPGREN, D.A. Baker, James J. Carrie, Sue Young Chin, John G. Ericksen, James McBride, Albert A. Manly, C.J. Thorp and Hazel Wysock, Respondents, v. CITY OF COLUMBIA CITY, a Municipal Corporation, Appellant. City of Columbia City, a Municipal Corporation of the State of Oregon, Appellant, v. Esther N. Kelly, Fredrick E. Rickert and Donna R. Rickert, Husband and Wife, G.W. Trent and Alice Trent, Husband and Wife, Harrell L. Barnes and Bette J. Barnes, Husband and Wife, Wales Wood and Ruth MacFarlane Wood, Husband and Wife, Alvin A. Weber and Blanche N. Weber, Husband and Wife, Reynolds Metals Company, a Foreign Corporation, Charles G. Ross and Winnifred May Ross, Husband and Wife, Robert W. Morrissey and Ida K. Morrissey, Husband and Wife, Jess W. Davis and Ida V. Davis, Husband and Wife, Chester J. Thorp and Barbara E. Thorp, Husband and Wife, Hazel C. Wysock, James A. McBride, Jr. and Dolores Jean McBride, Husband and Wife, Albert A. Manly and Bette Manly, Husband and Wife, Kenneth R. Aspgren and Edith M. Aspgren, Husband and Wife, Sue Young Chin, James T. Carrie, Jr. and Betty M. Carrie, Husband and Wife, John G. Ericksen and Fern D. Ericksen, Husband and Wife, Gerald E. Eisenzimmer, Donald Baker and Mary Ann Baker, Husband and Wife, Susie B. Dillard, and W.W. Dillard and Gerta H. Dillard, Husband and Wife, Respondents, Edlin Leonard Peterson, Helen Frances Minter, Jack M. Peterson, Russell J. Roberts and Frances K. Roberts, Husband and Wife, Defendants.

Court of Appeals of Oregon.

Decided June 20, 1978.


Attorney(s) appearing for the Case

Harold L. Olsen, St. Helens, argued the cause for appellant. With him on the briefs was Vagt, Olsen & Coon, St. Helens.

Robert P. VanNatta, St. Helens, argued the cause for respondents Esther N. Kelly; Fredrick E. Rickert and Donna R. Rickert, husband and wife; G.W. Trent and Alice Trent, husband and wife; Harrell L. Barnes and Bette J. Barnes, husband and wife; Wales Wood and Ruth MacFarlane Wood, husband and wife; Alvin A. Weber and Blanche N. Weber, husband and wife; Charles G. Ross and Winnifred May Ross, husband and wife; Robert W. Morrissey and Ida K. Morrissey, husband and wife; Jess W. Davis and Ida V. Davis, husband and wife; Chester J. Thorp and Barbara E. Thorp, husband and wife; Hazel C. Wysock; James A. McBride, Jr. and Dolores Jean McBride, husband and wife; Albert A. Manly and Bette Manly, husband and wife; Kenneth R. Aspgren and Edith M. Aspgren, husband and wife; Sue Young Chin; James T. Carrie, Jr. and Betty M. Carrie, husband and wife; John G. Ericksen and Fern D. Ericksen, husband and wife; Gerald E. Eisenzimmer; and Donald Baker and Mary Ann Baker, husband and wife. On the brief were George G. VanNatta and VanNatta & Petersen, St. Helens.

No appearance for respondent Reynolds Metals Company, a foreign corporation.

No appearance for respondents Susie B. Dillard, and W.W. Dillard and Gerta H. Dillard, husband and wife.

Before SCHWAB, C.J., and THORNTON, TANZER and BUTTLER, JJ.


BUTTLER, Judge.

Columbia City (City), plaintiff in one, and defendant in another, of two suits consolidated for trial, appeals from the judgment of the trial court declaring the rights of the respective parties under two agreements relating to the provision of water service to respondents.

The issues are framed by the historical events which resulted in the development of water service in the area of Chimes Crest, just south of, but not within, the City. To...

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