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BENNET v. CITY OF OCEANLAKE

247 Or. 539 (1967)

430 P.2d 1004

BENNET ET AL, Respondents, v. CITY OF OCEANLAKE, Appellant.

Supreme Court of Oregon.

Affirmed September 7, 1967.

Attorney(s) appearing for the Case

Howard A. Rankin, Portland, argued the cause for appellant. With him on the briefs were Shuler, Rankin, Myers & Walsh and T.R. Adams, Portland.

Eugene E. Marsh, McMinnville, argued the cause for respondents. With him on the brief were Marsh, Marsh, Dashney & Cushing, McMinnville.

Before PERRY, Chief Justice, and McALLISTER, O'CONNELL, GOODWIN and HOLMAN, Justices.

AFFIRMED.

GOODWIN, J.

Owners of certain city lots sued the city of Oceanlake to quiet title. They sought to strike down the city's liens under an assessment for street and sewer improvements. From a decree of the circuit court declaring the liens void for failure to comply with ORS 223.387 to ORS 223.399 the city appeals.

On July 1, 1963, the city council by resolution authorized the improvement of Rhododendron Street. By February 11, 1964, the council...

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