SCHOOL DIST. NO. 48, WASH. v. UNIFIED SEWERAGE

No. 40-148; CA 18870.

627 P.2d 485 (1981)

51 Or.App. 795

SCHOOL DISTRICT NO. 48, Washington County, Oregon, Respondent, v. UNIFIED SEWERAGE Agency of Washington County, Oregon, Appellant.

Court of Appeals of Oregon.

Decided April 27, 1981.


Attorney(s) appearing for the Case

John M. Junkin, Chief Assistant County Counsel, Hillsboro, argued the cause and filed the brief for appellant.

James N. Westwood, Portland, argued the cause for respondent. On the brief were Clifford N. Carlsen, Jr., Mary Ann Frantz and Miller, Nash, Yerke, Wiener & Hager, Portland.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.


THORNTON, Judge.

Defendant appeals from a judgment holding as a matter of law that it was not entitled to charge a sewer connection fee for an expansion by plaintiff of its existing maintenance facilities and overruling defendant's demurrer to the complaint for declaratory judgment on the ground that the exclusive remedy under the circumstances was by writ of review.

In 1974, plaintiff constructed the original building housing its maintenance facility and...

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