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MARTIN v. CITY OF TIGARD

C980646CV; A108582.

52 P.3d 1074 (2002)

183 Or.App. 408

Gordon R. MARTIN and Gordon S. Martin, Jr., Respondents-Cross-Appellants, v. CITY OF TIGARD, Appellant-Cross Respondent, and Waremart, Inc., and Costco Wholesale Corporation, Defendants.

Court of Appeals of Oregon.

Decided August 28, 2002.

Attorney(s) appearing for the Case

Charles E. Corrigan, Portland, argued the cause for appellant-cross-respondent. With him on the briefs were Gary Firestone, and Ramis, Crew, Corrigan & Bachrach, LLP.

David J. Hunnicutt, Tigard, argued the cause for respondent-cross-appellant Gordon R. Martin. Douglas V. Van Dyk argued the cause for respondent-cross-appellant Gordon S. Martin, Jr. With David J. Hunnicutt on the reply brief was Edward H. Trompke, Portland.

Before ARMSTRONG, Presiding Judge, and EDMONDS and KISTLER, Judges.

EDMONDS, J.

This writ of review proceeding under ORS 34.010 et. seq. involves the City of Tigard's assessment of costs for the construction of Dartmouth Street against landowners who will benefit from the construction. Two of the landowners, Gordon R. Martin, Sr., and Gordon R. Martin, Jr., challenged the assessment in a writ of review proceeding before the circuit court. The circuit court upheld the formation of the local improvement district and the city...

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