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MONTGOMERY BROS. CONST. v. CITY OF CORVALLIS

580 P.2d 190 (1978)

34 Or.App. 785

MONTGOMERY BROS. CONSTRUCTION, Inc., an Oregon Corporation, and Corvallis Home Builders Association, an Oregon Corporation, Appellants, v. CITY OF CORVALLIS, a Municipal Corporation, Respondent.

Court of Appeals of Oregon.

Decided June 13, 1978.

Attorney(s) appearing for the Case

Merle A. Long, Albany, argued the cause for appellants. With him on the briefs was Long & Post, Albany.

Scott A. Fewel, City Atty., Corvallis, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and THORNTON, TANZER and BUTTLER, JJ.

BUTTLER, Judge.

In this suit for declaratory relief, plaintiffs seek a determination that defendant's Ordinance No. 73-79, as it relates to water "assessments," is void, and that plaintiffs are not required to pay the charge upon hooking up to the water system. Plaintiffs refused to plead over after the trial court sustained defendant's demurrer to the complaint, and appeal from the ensuing order dismissing it.

Plaintiff Montgomery Brothers is the owner of...

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