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BARLOW-GRESHAM UNION H.S. v. GRESHAM

OTC 3622; SC S41959.

902 P.2d 92 (1995)

321 Or. 580

BARLOW-GRESHAM UNION HIGH SCHOOL DISTRICT NO. U2-20-JT and Gresham Grade School District No. 4, Appellants, v. CITY OF GRESHAM, an Oregon city, Respondent.

Supreme Court of Oregon, In Banc.

Decided September 21, 1995.

Attorney(s) appearing for the Case

William H. Walters, of Miller, Nash, Wiener, Hager & Carlsen, Portland, argued the cause and filed the briefs for appellants.

Matthew R. Baines, Deputy City Attorney, Gresham, argued the cause for respondent. With him on the brief was Thomas Sponsler, City Attorney.

PER CURIAM.

Plaintiffs are school districts that own real property within the City of Gresham. Defendant, the City of Gresham, adopted an ordinance that imposed a "storm water user charge" on properties with impervious surfaces, including plaintiffs' properties. The City now concedes that that charge was a tax within the meaning of Article XI, section 11b, of the Oregon Constitution,1 which had to be certified to the assessor and collected...

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