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FRIENDS OF MORNINGSIDE HILL v. CITY OF SALEM

97C-12068; CA A100792.

973 P.2d 367 (1999)

158 Or. App. 80

FRIENDS OF MORNINGSIDE HILL, an Oregon nonprofit corporation, Lloyd Chapman and Brad Nanke, taxpayers and voters, Appellants, v. CITY OF SALEM, a body public, Respondent.

Court of Appeals of Oregon.

Decided January 13, 1999.

Attorney(s) appearing for the Case

Paul R.J. Connolly argued the cause for appellants. With him on the briefs were Daniel A. Doyle and Connolly & Doyle, LLP.

Leslie Stevens, Assistant City Attorney, argued the cause for respondent. With her on the brief was Stephanie Smythe, City Attorney.

Before De MUNIZ, Presiding Judge, and HASELTON and LINDER, Judges.

HASELTON, J.

Plaintiffs1 brought this action seeking declaratory and injunctive relief in relation to defendant City's proposed widening of an intersection at Madrona Avenue and 12th Street in Salem. After a trial to the court,2 the court held in favor of defendant. We affirm.

In 1992, the Salem electorate passed a General Obligation Street Improvement Bond program that authorized use of any excess...

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