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HERITAGE SQUARE DEVELOP. v. CITY OF SANDY

79-12-199, 79-12-168 and 79-12-47; CA A20092.

648 P.2d 1317 (1982)

58 Or.App. 485

HERITAGE SQUARE DEVELOPMENT CO., and Georgia Shaffer, Respondents-Cross-Appellants, v. CITY OF SANDY, a Municipal Corporation, Appellant-Cross-Respondent. Warren Decker, Respondent-Cross-Appellant, v. CITY OF SANDY, a Municipal Corporation, Appellant-Cross-Respondent. Arthur W. Bolster, Daisy A. Bolster, Wallace Scales and Harriet Scales, Dba Bolster-Scales Company, Respondents-Cross-Appellants, v. CITY OF SANDY, a Municipal Corporation, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided August 4, 1982.

Attorney(s) appearing for the Case

Paul R. Romain, Portland, argued the cause for appellant-cross-respondent. With him on the briefs were Richard D. Roberts, James L. Dumas and Ragen, Roberts, O'Scannlain, Robertson & Neill, Portland.

Paul D. Schultz, Oregon City, argued the cause for respondents-cross-appellants Heritage Square Development Co., Ltd., and Georgia Shaffer. With him on the brief was Hibbard, Caldwell, Canning, Bowerman & Schultz, Oregon City.

John C. Anicker, Jr., Oregon City, argued the cause and filed the brief for respondent-cross-appellant Warren Decker.

Carl F. Jepsen, Gresham, argued the cause for respondents-cross-appellants Arthur W. Bolster, Daisy A. Bolster, Wallace Scales and Harriet Scales, dba Bolster-Scales Co. On the brief were James R. Jennings, and Young, Freeman & Jennings, Gresham.

Before BUTTLER, P.J., and WARDEN and WARREN, JJ.

WARREN, Judge.

This is an appeal from a writ of review proceeding in which the trial court declared void a special assessment and remanded for reassessment. We affirm in part, reverse in part and remand.

FACTS

We summarize the trial court's findings of fact as supplemented by the parties.

In March, 1976, property owners, including respondents, petitioned the Sandy City Council to construct a 106-space municipal parking lot through a local...

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