URBAN RENEWAL AGENCY, ETC. v. SWANK

No. 118, 008; CA 19011.

635 P.2d 1344 (1981)

THE URBAN RENEWAL AGENCY OF THE CITY OF SALEM, Oregon, Acting by and through the City of Salem, Oregon, and the City of Salem, Oregon, Respondents, v. Charles A. SWANK, County Treasurer of Marion County, Oregon, Respondent, Salem School District 24J, Chemeketa Community College, Marion Education Service District, Aumsville School District 11, Brooks School District 31, Cascade Union High School District 5, Detroit School District 123J, Eldridge School District 60, Gervais Union High School District 1, Mt. Angel School District 91, St. Paul School District 45, Scotts Mills School District 73J, Silverton School District 4, Silverton Union High School District 7J, Stayton Union High School District 4J, Turner School District 79, Woodburn School District 103, Buena Crest School District 134, Gervais Elementary School District 76, Mill City-Gates School District 129J, Pratum School District 50, Silver Crest School District 93C, Pioneer School District 13, Parkersville School District 82, Victor Point School District 42C, Evergreen School District No. 10, St. Paul Fire District, Silverton Fire Protection District 2, Stayton Rural Fire Protection District, Aumsville Rural Fire Protection District, Turner Rural Fire Protection District, Mill City Rural Fire Protection District, Sublimity Rural Fire Protection District, Sublimity School District 7C, Mari-Lynn School District 29J, City of Sublimity, City of Stayton, Detroit Idanha Rural Fire Protection District, Cloverdale School District 144, Marion County Fire District No. 1, Salem Suburban Rural Fire Protection District, City of Donald, and City of Silverton, and Board of Commissioners for Marion County, Intervenors-Respondents, Jefferson School District No. 14J, and City of Woodburn, Oregon, Intervenors-Appellants, and North Marion School District No. 15, Intervenor, v. Charles A. Swank, County Treasurer of Marion County, Oregon, Respondent.

Court of Appeals of Oregon.

Decided November 9, 1981.


Attorney(s) appearing for the Case

Paul J. De Muniz, Salem, argued the cause for intervenor-appellant Jefferson School District No. 14J. With him on the briefs was Garrett, Seideman, Hemann, Robertson & De Muniz, P.C., Salem.

Robert G. Burt, Portland, argued the cause for intervenor-appellant City of Woodburn. With him on the briefs were David R. Ludwig and Burt & Hagen, P.C., Portland.

John W. Osburn, Portland, argued the cause for respondent Charles A. Swank. With him on the brief was Rankin, McMurry, Osburn, VavRosky & Doherty, Portland.

David J. De Martino, Salem, argued the cause for respondents Urban Renewal Agency of the City of Salem. With him on the brief was William J. Juza, Salem.

William G. Paulus, Salem, argued the cause for intervenors-respondents Salem School District 24J, et al., and St. Paul Fire District and Silverton Fire Protection District No. 2. With him on the brief was Paulus & Callaghan, Salem.

James D. Tiger, Stayton, waived appearance for intervenors-respondents Stayton Rural Fire Protection District, Aumsville Rural Fire Protection District, Turner Rural Fire Protection District, Mill City Rural Fire Protection District, Sublimity Rural Fire Protection District, Sublimity School District 7C, Mari-Lynn School District 29J, and City of Sublimity.

Robert C. Cannon, Legal Counsel, Salem, waived appearance for intervenor-respondent, Board of Commissioners for Marion County.

(at8s)appearance for intervenor-respondent City of Silverton.

(at9s)appearance for intervenor-respondent City of Stayton.

Thomas B. Brand, Salem, waived appearance for intervenors-respondents Detroit-Idanha Rural Fire Protection District and Cloverdale School District No. 144.

Robert G. Burt, Portland, waived appearance for intervenor-respondent City of Donald.

No appearance for intervenors-respondents Marion County Fire District No. 1 and Salem Suburban Rural Fire Protection District.

Before GILLETTE, P.J., and ROBERTS and YOUNG, JJ.


GILLETTE, Presiding Judge.

Appellants appeal from a declaratory judgment, equitable in nature, allocating losses incurred in the Marion County Treasurer's investment of appellants' and others' funds of which he had custody. We affirm.

Trial Court Opinion

The facts are long and complex, involving many parties.1 The trial court's opinion summarizes them:

"This litigation involves the loss of some $18 million...

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