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ESTER v. CITY OF MONMOUTH

OTC 3528; SC S41529.

903 P.2d 344 (1995)

322 Or. 1

Lorraine M. ESTER, Appellant, v. CITY OF MONMOUTH, Respondent.

Supreme Court of Oregon, In Banc.

Decided September 28, 1995.

Attorney(s) appearing for the Case

James M. Brown, of Enfield, Guimond, Brown & Collins, Salem, argued the cause and filed the briefs for appellant. With him on the reply brief was Scott McArthur, Monmouth.

William F. Gary, of Harrang Long Gary Rudnick P.C., Eugene, argued the cause for respondent. With him on the brief was Glenn Klein.

Peter A. Kasting, Portland City Attorney's Office, Portland, filed a brief on behalf of amicus curiae League of Oregon Cities.

CARSON, Chief Justice.

Petitioner brought this claim against respondent, the City of Monmouth (the city), arguing that the city exceeded the property tax limitations prescribed by Article XI, section 11b, of the Oregon Constitution,1 when it imposed a special assessment upon petitioner for street and sidewalk improvements to the street running in front of property owned by petitioner. This case...

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