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VAIL v. CITY OF BANDON

Nos. 80-801, 80-802; CA 19218.

630 P.2d 1339 (1981)

53 Or.App. 133

Bernard VAIL, F.M. Vail, Ronald E. Baker and Ronald E. Baker, Sr., Appellants, v. CITY OF BANDON, a Municipal Corporation, Milan M. Brace, Blythe Tiffany, Eleanor C. Lorenz, Diane C. Chappell, W.B. Dunshee, Marina S. Gardiner, Raymond H. Kelley, and Mary H. Schamehorn, Respondents. Alice Stadelman, Appellant, v. City of Bandon, a Municipal Corporation, Milan M. Brace, Blythe Tiffany, Eleanor C. Lorenz, Diane C. Chappell, W.B. Dunshee, Marina S. Gardiner, Raymond H. Kelley, and Mary H. Schamehorn, Respondents.

Court of Appeals of Oregon.

Decided July 13, 1981.

Reconsideration Denied August 20, 1981.

Attorney(s) appearing for the Case

Kent W. Day, Coos Bay, argued the cause for appellants. With him on the briefs was McInturff, Thom & Collver, Coos Bay.

Roger Gould, Coos Bay, argued the cause for respondents. With him on the brief were David A. Dorsey, and Bedingfield, Joelson and Gould, Coos Bay.

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

RICHARDSON, Presiding Judge.

These are consolidated suits by owners of unimproved real property who seek to enjoin the defendant city from enforcing ordinances which impose higher sewer district assessments on unimproved property than on improved property. The trial court granted the city's motions for summary judgment, and plaintiffs appeal. We affirm.

The city's Ordinance No. 842, section 11(4), was adopted through an initiative measure and took effect on...

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