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KOZAK v. CITY OF BEND

06CV0095MA, A134616.

217 P.3d 1118 (2009)

231 Or. App. 163

Michael KOZAK, Larry Kine, Dan Smith, Bud Capell and Carmen Capell, Plaintiffs-Respondents, v. CITY OF BEND, an Oregon municipal corporation, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 30, 2009.

Attorney(s) appearing for the Case

James Forbes argued the cause for appellant. With him on the briefs was Forbes & Schannauer, LLP.

John E. Laherty, Redmond, argued the cause and filed the brief for respondents.

Before EDMONDS, Presiding Judge, and HASELTON, Judge, and WOLLHEIM, Judge.

HASELTON, J.

Defendant, the City of Bend, appeals a general judgment in which the trial court declared that an ordinance and resolution that created an economic improvement district (EID) within the city and imposed assessments against affected property owners, including plaintiffs, were "null, void and unenforceable." On appeal, defendant contends that (1) the trial court lacked jurisdiction to issue a declaration concerning the validity of the ordinance because...

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