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HOMEBUILDERS ASS'N OF METROPOLITAN v. METRO

090811067; A146059.

281 P.3d 621 (2012)

250 Or. App. 437

HOMEBUILDERS ASSOCIATION OF METROPOLITAN PORTLAND, an Oregon nonprofit corporation; Eastview Development, Inc., an Oregon corporation; and Matrix Development Corp., dba Legend Homes, an Oregon corporation, Plaintiffs-Appellants, v. METRO, an Oregon municipal corporation, Defendant-Respondent.

Court of Appeals of Oregon.

Decided June 13, 2012.

Attorney(s) appearing for the Case

Thomas W. Brown , Portland, argued the cause for appellants. With him on the briefs were Paul A.C. Berg and Cosgrave Vergeer Kester LLP.

Thomas Sponsler , Gresham, argued the cause for respondent. With him on the brief were Heather R. Martin and Beery, Elsner & Hammond, LLP.

Before ORTEGA, Presiding Judge, and BREWER, Judge, and SERCOMBE, Judge.

SERCOMBE, J.

Plaintiffs brought this action against defendant, Metro, seeking declaratory and injunctive relief related to the imposition of a construction excise tax under a Metro ordinance. Plaintiffs challenged the validity of the ordinance on the ground that it violated Oregon Laws 2007, chapter 829, section 1 (Senate Bill (SB) 1036 (2007)), compiled as a note after ORS 320.170 (2007).1 That provision prohibits local governments...

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