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COBRA BLDG. & DEVELOPMENT v. CITY OF SALEM

No. 114704; CA A21381.

651 P.2d 150 (1982)

59 Or.App. 441

COBRA BUILDING & DEVELOPMENT, Inc., Respondent, v. CITY OF SALEM and Herb Arnold, Appellants.

Court of Appeals of Oregon.

Decided September 29, 1982.

Reconsideration Denied November 18, 1982.

Attorney(s) appearing for the Case

David J. De Martino, Asst. City Atty., Salem, argued the cause for appellants. With him on the briefs was William J. Juza, City Atty., Salem.

James M. Brown, Salem, argued the cause for respondent. With him on the brief were Don A. Dickey, and Douglas, Brown, Carson & Dickey, P.C., Salem.

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

RICHARDSON, Presiding Judge.

Plaintiff (Cobra) brought this action to obtain from defendant (City) the amount of a waterline connection fee collected by City from a third party. The trial court awarded Cobra a money judgment on a theory of unjust enrichment. City appeals, and we reverse.

A preliminary issue concerns our scope of review. The complaint alleges that "[p]laintiff has no adequate remedy at law" and that defendant "has been unjustly enriched" and...

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