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DRUMMOND v. OREGON DEPT. OF TRANS.

A8510-06192; CA A38328.

730 P.2d 582 (1986)

83 Or.App. 66

In the matter of the Petition of the Board of Directors of the Tri-County Metropolitan Transportation District of Oregon. Gerald K. DRUMMOND, Nellie Fox, John Frewing, Anne Myers, Gail Washington, Margaret Weil, William Wessinger, the Board of Directors of the Tri-County Metropolitan Transportation District of Oregon, Appellants, v. OREGON DEPARTMENT OF TRANSPORTATION, Port of Portland, Columbia River Towboat Association, Time Oil Company, Western Oil & Gas Association, Oregon-Columbia Associated General Contractors of America, Inc., C-3 Builders, Inc., Kenneth G. Bakke, Oregon Trucking Associations, Inc., Oregon State Homeowner's Association, Division of State Lands, Respondents, Tri-County Metropolitan Transportation District of Oregon, Appellant.

Court of Appeals of Oregon.

Decided December 17, 1986.

Attorney(s) appearing for the Case

Margaret H. Leek Leiberan, Portland, argued the cause for appellants. With her on the briefs was Kell, Alterman & Runstein, Portland.

John DiLorenzo, Jr., Portland, argued the cause for respondent Columbia River Towboat Association. With him on the brief was Moshofsky, Dilorenzo & Dietz, Portland.

Michael D. Reynolds, Asst. Atty. Gen., Salem, waived appearance for respondent Oregon Department of Transportation and Division of State Lands.

No appearance for respondent Port of Portland.

No appearance for respondent Time Oil Company.

No appearance for Western Oil & Gas Association.

No appearance for respondents Oregon-Columbia Association General Contractors of America, Inc., C-3 Builders, Inc., and Kenneth G. Bakke.

(at8s)appearance for respondent Oregon Trucking Association.

(at9s)appearance for respondent Oregon State Homeowner's Association.

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

BUTTLER, Presiding Judge.

This appeal concerns a proposed tax on petroleum products adopted by the Board of Directors of the Tri-County Metropolitan Transportation District of Oregon (Tri-Met). Tri-Met appeals the trial court ruling that the tax is invalid because Tri-Met had failed to comply with a state statute that requires proposed ordinances to be read twice before being adopted. We affirm.

On August 26, 1985, the Tri-Met Board of Directors held a first...

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