BARNS v. CITY OF EUGENE

16-99-23651; A112984

52 P.3d 1094 (2002)

183 Or.App. 471

Bob BARNS, Joel Narva, Robert Holden, Stephanie Holden, and Mary Alice Sidwell, Appellants, v. CITY OF EUGENE, Respondent.

Court of Appeals of Oregon.

Decided August 28, 2002.


Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the briefs for appellants.

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

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


KISTLER, J.

Plaintiffs are five property owners in the River Road Santa Clara area of Lane County, which is adjacent to defendant, the City of Eugene. Plaintiffs brought an action seeking a declaration that the city did not have authority to extend its sewer system into the River Road Santa Clara area, to assess the costs of construction against their properties, or to compel them to connect to the sewer system. The trial court granted the city's summary judgment...

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