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BELL v. CITY OF HOOD RIVER

A156481.

388 P.3d 1128 (2016)

283 Or. App. 13

Richard Derek BELL, an individual; and Corie Lahr, an individual, Plaintiffs-Appellants, and Friends of the Hood River Waterfront, an Oregon non-profit corporation, Plaintiff, v. CITY OF HOOD RIVER, a Municipal corporation; and NBW Hood River, LLC, an Oregon corporation, Defendants-Respondents.

Court of Appeals of Oregon.

December 21, 2016.

Attorney(s) appearing for the Case

Brent C. Foster, Portland, argued the cause and filed the briefs for appellants.

Daniel Kearns, Portland, argued the cause for respondent City of Hood River. With him on the brief was Reeve Kearns, PC.

Steven D. McCoy filed the brief amicus curiae for 1000 Friends of Oregon.

Katherine Thomas, Sean E. O'Day, and Rob Bovett filed the brief amicus curiae for League of Oregon Cities and Association of Oregon Counties.

No appearance for respondent NBW Hood River, LLC.

Before Armstrong, Presiding Judge, and Hadlock, Chief Judge, and Egan, Judge.

Plaintiffs appeal the trial court's dismissal of a declaratory judgment action that they brought against the City of Hood River and a developer, NBW Hood River, LLC. Plaintiffs sought to have declared unconstitutional, under Article I, section 10, of the Oregon Constitution, the city's imposition of a nonwaivable fee that must be...

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