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DIVERSIFIED PROPERTIES v. CITY OF SPRINGFIELD

16-84-08086; CA A39492.

738 P.2d 1010 (1987)

86 Or.App. 325

DIVERSIFIED PROPERTIES, Inc., for Itself and All Others Similarly Situated, Appellant, v. CITY of SPRINGFIELD, Respondent.

Court of Appeals of Oregon.

Decided July 8, 1987.

Attorney(s) appearing for the Case

Robert L. Ackerman, Springfield, argued the cause and filed the briefs for appellant.

Edward C. Harms, Springfield, argued the cause for respondent. With him on the brief was Joseph J. Leahy, Springfield.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

Plaintiff1 in this class action appeals from an amended order denying its motion for partial summary judgment.2 Plaintiff asserts that a resolution which defendant's city council adopted in 1977 was insufficient to justify the city's later imposition of a three percent surcharge on the cost of all street assessments financed by Bancroft bonds. The surcharge...

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