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SCHOOL D. NO. 3J v. CITY OF WILSONVILLE

(84-12-165; CA A39158).

742 P.2d 59 (1987)

87 Or.App. 246

SCHOOL District NO. 3J, Clackamas County, Oregon, Respondent, v. CITY OF WILSONVILLE, a Municipal Corporation, Appellant.

Court of Appeals of Oregon.

Decided September 9, 1987.

Attorney(s) appearing for the Case

Michael E. Kohlhoff, Wilsonville, argued the cause and filed the briefs for appellant.

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

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

BUTTLER, Presiding Judge.

In this writ of review proceeding, the City of Wilsonville appeals from the circuit court's judgment voiding a special road improvements assessment as to property owned by respondent school district. We review pursuant to ORS 223.401 and ORS 34.040 and reverse.

During early 1981, three property owners along Wilsonville Road proposed the development of their properties, approval of which was conditioned on the improvement of that road...

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