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URHAUSEN v. CITY OF EUGENE

(TC 4692; SC S53391).

142 P.3d 1023 (2006)

341 Or. 246

Nicholas J. URHAUSEN, John McVickar and Kip Rice, Respondents, v. CITY OF EUGENE, Appellant.

Supreme Court of Oregon, En Banc.

Decided August 31, 2006.

Attorney(s) appearing for the Case

Jerome Lidz, Harrang Long Gary Rudnick PC, Eugene, argued the cause for appellant. With him on the briefs were Karla Alderman and Glenn Klein.

Gregory J. Howe, Portland, argued the cause and filed the brief for respondents.

Edward H. Trompke, of Jordan Schrader PC, Portland, filed the brief on behalf of amicus curiae Morrow County Unified Recreation District.

Jeffrey G. Condit, Miller Nash LLP, Portland, filed the brief on behalf of amicus curiae Portland School District No 1J, Multnomah County (Portland Public Schools).

Beth Ann Lori, City of Ashland, Medford, filed the brief on behalf of amicus curiae City of Ashland.

Joe B. Richards, Luvass Cobb PC, Eugene, filed the brief on behalf of amici curiae Eugene School District and Bethel School District.

DE MUNIZ, C.J.

This property tax case is before the court on direct appeal from an Oregon Tax Court judgment. The issue presented is whether the City of Eugene's (city) categorization of revenues raised by a local option levy pursuant to ORS 310.155(3) was consistent with the tax limitations set out in Article XI, section 11b, of the Oregon Constitution (hereafter, Measure 51. The Tax Court concluded...

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