STADELMAN v. CITY OF BANDON

(97 CV 1207; CA A105685)

20 P.3d 857 (2001)

173 Or. App. 106

Francis STADELMAN, Individually and as Trustee, Appellant, v. CITY OF BANDON, a municipal corporation, Matt Winkel, City Manager, and the State of Oregon, by and through the Department of Environmental Quality, Respondents.

Court of Appeals of Oregon.

Decided March 14, 2001.


Attorney(s) appearing for the Case

Margaret Leek Leiberan, Portland, argued the cause for appellant. On the opening brief were Manuel C. Hernandez and Manuel C. Hernandez & Assoc., P.C., Bandon.

Jeffery J. Matthews, Eugene, argued the cause for respondents City of Bandon and Matt Winkel. With him on the brief was Harrang Long Gary Rudnick P.C.

Jas. Jeffrey Adams, Assistant Attorney General, argued the cause for respondent State of Oregon/Department of Environmental Quality. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before DEITS, Chief Judge, and ARMSTRONG and BREWER, Judges.


BREWER, J.

Plaintiff brought this action for declaratory and other relief against defendants City of Bandon and its city manager (collectively "the city") and the state of Oregon, acting through its Department of Environmental Quality (DEQ). Plaintiff contended that various enactments and actions by the city, taken in part pursuant to a loan agreement between the city and DEQ, violated city charter limitations on water and sewer rates, both facially and as applied...

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