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PARKER v. CITY OF ALBANY

0410344; A127362.

144 P.3d 976 (2006)

208 Or. App. 296

Patricia A. PARKER and Timothy Finch Ousley, Appellants, v. CITY OF ALBANY, Respondent.

Court of Appeals of Oregon.

Decided September 27, 2006.

Attorney(s) appearing for the Case

Ross Day, Portland, argued the cause for appellants. With him on the briefs were Oregonians in Action Legal Center.

James Delapoer, Albany, argued the cause for respondent. With him on the brief was Long Delapoer Healy McCann & Noonan PC.

Before EDMONDS, Presiding Judge, and LINDER, Judge, and RICHARDSON, Senior Judge.

RICHARDSON, S.J.

In this writ of review proceeding, petitioners challenge the City of Albany's inclusion of their property within the boundaries of a local improvement district. The circuit court granted respondent's ORCP 21 motion and entered a judgment of dismissal for lack of subject matter jurisdiction. We review the circuit court's conclusion regarding jurisdiction for errors of law, Magar v. City of Portland,

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