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CLACKAMAS CTY. ED. SERV. v. CLACKAMAS CTY.

85-3-371; CA A41246.

739 P.2d 587 (1987)

86 Or.App. 259

CLACKAMAS COUNTY EDUCATION SERVICE DISTRICT, a Municipal Corporation, Individually and On Behalf of All Similarly Situated As a Class Action, Respondent, v. CLACKAMAS COUNTY, a Municipal Corporation; Thelma E. Hooper, As Treasurer of Clackamas County, and George E. Malin, As Assessor and Tax Collector of Clackamas County, Appellants.

Court of Appeals of Oregon.

Decided July 8, 1987.

Attorney(s) appearing for the Case

Michael E. Judd, Chief Asst. County Counsel, Oregon City, argued the cause for appellants. With him on the briefs was Clackamas County Counsel, Oregon City.

John C. Caldwell, Oregon City, argued the cause for respondent. With him on the brief was Hibbard, Caldwell, Bowerman, Schultz & Hergert, Oregon City.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON Presiding Judge.

The question in this class action is whether plaintiffs, local governments with territory in Clackamas County,1 are entitled to share in the interest earned from the county's investment of property tax receipts which were deposited in the county treasurer's unsegregated tax collections account (unsegregated account) pursuant to ORS 311.385 between July 1, 1984, and September 19, 1985. The trial court answered...

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