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FERGUSON v. CITY OF MILL CITY

90-0996; CA A75063.

852 P.2d 205 (1993)

120 Or. App. 210

Tim FERGUSON and Lynn Ferguson, Appellants, v. CITY OF MILL CITY, Oregon, a municipal corporation, Respondent.

Court of Appeals of Oregon.

Decided May 12, 1993.

Attorney(s) appearing for the Case

M. Chapin Milbank, Salem, argued the cause and filed the brief for appellants.

James L. McGehee, Stayton, argued the cause for respondent. With him on the brief was McGehee & Meiners, Stayton.

Before WARREN, P.J., and EDMONDS and LANDAU, JJ.

LANDAU, Judge.

Plaintiffs appeal from a declaratory judgment that a city ordinance that requires private property owners to grant easements to the city to enter their property to construct and maintain a sewer connection is not a taking of property under Article I, section 18, of the Oregon Constitution. We reverse.

Defendant Mill City (city) decided to build a sewer system that includes numerous city-owned interceptor tanks designed to receive solid waste...

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