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KASSEL v. CITY OF SALEM

579 P.2d 875 (1978)

34 Or.App. 739

Melvin Richard KASSEL, Appellant, v. CITY OF SALEM, a Municipal Corporation, Respondent, and Bernard A. Stewart and Olive Ree Stewart, Intervenors-Respondents.

Court of Appeals of Oregon.

Decided June 13, 1978.

Attorney(s) appearing for the Case

Edwin J. Peterson, Portland, argued the cause for appellant. With him on the brief were William W. Kinsey and Tooze, Kerr, Peterson, Marshall & Shenker, Portland.

David J. DeMartino, Asst. City Atty., Salem, argued the cause for respondent. With him on the brief was William J. Juza, City Atty., Salem.

James C. Griggs, Salem, argued the cause for intervenors-respondents. With him on the brief was Harland, Ritter, Saalfield & Griggs, Salem.

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

TANZER, Judge.

Plaintiff seeks a declaratory judgment that defendant City's purchase of a private water company (Company) from intervenors is invalid.1 His complaint alleges that neither applicable statutes nor the city charter authorize the City to purchase a water company whose facilities and service area are adjacent to but outside the city limits.

ORS 225.020(1)(a) is the statutory source of authority for such municipal action...

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