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CLINKSCALES v. CITY OF LAKE OSWEGO

568 P.2d 696 (1977)

30 Or.App. 851

E.H. CLINKSCALES and Frost H. Clinkscales, Jr., Appellants, v. The CITY OF LAKE OSWEGO, a Municipal Corporation of the State of Oregon, John MacLean, Mayor of the City of Lake Oswego, the City Council of Lake Oswego, and Members Thereof, William W. Cook, President, Robert Dent, Charles Needham, Duane Lafferty, Curtis Finch and James Smith, Councilmen, Respondents.

Court of Appeals of Oregon.

Decided August 29, 1977.

Attorney(s) appearing for the Case

Desmond D. Connall, Portland, argued the cause for appellants. With him on the brief were Diane W. Spies and Connall & Spies, P.C., Portland.

Lawrence Wm. Jordan, Jr., Lake Oswego, argued the cause and filed the brief for respondents.

Before SCHWAB, C.J., and TANZER and JOHNSON, JJ.

PER CURIAM.

Plaintiffs appeal from an order holding constitutional a method adopted by the city of Lake Oswego for the financing of an extension of its sanitary sewer system. The plaintiffs contend that the plan adopted unconstitutionally discriminated against commercial property and in favor of residential property. Plaintiffs make two assignments of error:

"ASSIGNMENT OF ERROR I "THE TRIAL COURT ERRED AS A MATTER OF LAW BY AFFIRMING THE ADOPTION...

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