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KERR v. HALLETT

82-3443-NJ-3; A27307.

677 P.2d 1098 (1984)

67 Or.App. 324

Donald W. KERR, Respondent, v. John HALLETT, John Purcell, Cliff Hinds, Jim Fernlund, Nancy Kaniewski, Bill Dornbach, Lou Hannum and Lindsay Berryman, Those Named Individuals Constituting the Council of the City of Medford, Oregon, and Emily Kirkham, Recorder for the City of Medford, Appellants.

Court of Appeals of Oregon.

Decided March 7, 1984.

Reconsideration Denied April 27, 1984.

Attorney(s) appearing for the Case

Eugene F. Hart, Jr., Medford, argued the cause and filed the brief for appellants.

Richard A. Stark, Medford, argued the cause for respondent. With him on the brief were Haviland & Stark, Medford.

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

NEWMAN, Judge.

Defendants, the Medford city council and city recorder, appeal a circuit court order that, on a writ of review, reversed and remanded to the city council its decision to spread a street assessment for Poplar Drive against petitioner's property. We reverse and remand.

Petitioner owns and lives on a 14,000 square foot, rectangular residential lot in Medford. In 1982, the city opened and improved Poplar Drive, which extends for several thousand...

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