SEAL ROCK WATER DISTRICT v. CITY OF TOLEDO

No. 44305; A27466.

675 P.2d 186 (1984)

66 Or.App. 555

SEAL ROCK WATER DISTRICT, an Ors Chapter 264, Domestic Water Supply District, Appellant, v. CITY OF TOLEDO, a Municipal Corporation, Respondent.

Court of Appeals of Oregon.

Decided January 18, 1984.


Attorney(s) appearing for the Case

Eugene K. Richardson, Newport, argued the cause for appellant. With him on the briefs was Richardson, Ouderkirk & Hollen, Newport.

DeMar L. Batchelor, Hillsboro, argued the cause for respondent. With him on the brief were Daniel Ousley, Toledo, and Schwenn, Bradley, Batchelor, Brisbee & Stockton, Hillsboro.

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


WARDEN, Judge.

Plaintiff appeals from a judgment dismissing its complaint for declaratory and injunctive relief. The judgment was entered after the trial court granted defendant's motion to dismiss the complaint for lack of subject matter jurisdiction, and plaintiff declined to plead further. The dispositive issue is whether the complaint alleges a justiciable controversy. We conclude that it does and reverse and remand.

Plaintiff's complaint alleges that...

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