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DENNEHY v. CITY OF GRESHAM

OTC 3175; SC S39249.

841 P.2d 633 (1992)

314 Or. 600

Thomas P. DENNEHY, Don McIntire, Don Nelson, Harry Barnes, Ron Smith, Cathy Smith, Louann Sue Myers, Maurice Unis, Tom Nelson, Valerie Nelson, Gresham Health Club, Inc., Gresham Court Club, Inc., Jim Weston Pontiac-GMC, Inc., Romaine McIntire, Appellants, v. CITY OF GRESHAM, an Oregon city, Respondent.

Supreme Court of Oregon.

Decided November 19, 1992.

Attorney(s) appearing for the Case

Gregory W. Byrne of Byrne, Barrow & Smith, Portland, filed the briefs for appellants.

Matthew R. Baines, Asst. City Atty., and Thomas Sponsler, City Atty., Gresham, filed the brief for respondent.

Before CARSON, C.J., and PETERSON, GILLETTE, VAN HOOMISSEN, FADELEY and GRABER, JJ.

GILLETTE, Justice.

This is a direct appeal from a judgment of the Oregon Tax Court. Pursuant to ORS 305.583,1 14 interested taxpayers petitioned for a determination of the effect of Article XI, section 11b, of the Oregon Constitution (commonly referred to as "Measure 5") on a storm drain user charge imposed by the City of Gresham. The Tax Court held that the charge was a "tax" as defined by Article XI, section 11b, and thus subject to...

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