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CITY OF EUGENE v. NALVEN

16-95-06123; CA A93715.

955 P.2d 263 (1998)

152 Or. App. 720

CITY OF EUGENE, a municipal corporation, Respondent, v. Barbara Kashin NALVEN, Appellant.

Court of Appeals of Oregon.

Resubmitted September 4, 1997.

Decided February 25, 1998.

Attorney(s) appearing for the Case

Michael D. Linick, Eugene, argued the cause and filed the briefs for appellant.

Jens Schmidt, eugene, argued the cause for respondent. With him on the brief was Harrang Long Gary Rudnick P.C.

In Banc.

Resubmitted In Banc September 4, 1997.

LANDAU, Judge.

In this action for declaratory and injunctive relief, the City of Eugene (City) seeks to compel defendant to connect her residence, located outside the City's corporate limits, to the City's sanitary sewer system. Defendant contends that the City cannot compel an extraterritorial connection without providing notice to the affected property owner, holding hearings and establishing the inadequacy of her current...

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