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NORTMAN v. CITY OF PORTLAND

A8608-05027; CA A44659.

752 P.2d 1272 (1988)

90 Or.App. 520

Peter NORTMAN, Appellant, v. CITY OF PORTLAND, Respondent, and Portland Public School District No. 1, Defendant.

Court of Appeals of Oregon.

Decided April 20, 1988.

Reconsideration Denied June 3, 1988.

Attorney(s) appearing for the Case

Frederic E. Cann, Portland, argued the cause, for appellant. On the briefs were J. Neal Spencer and Bernardi & Spencer, Portland.

Nancy E. Ayres, Deputy City Atty., Portland, argued the cause and submitted the brief, for respondent.

Before BUTTLER, P.J., and ROSSMAN and WARREN, JJ.

WARREN, Judge.

Plaintiff appeals the dismissal of his action for declaratory and injunctive relief in which he seeks, as a taxpayer, to prevent the claimed illegal expenditure of public funds by the City of Portland (city) for the construction of a covered play area at Chapman School. The motion to dismiss was based, inter alia, on plaintiff's failure to plead ultimate facts sufficient to constitute a claim. Our review...

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