2007 ORS 223.401¹
Review of assessment

Notwithstanding any of the provisions of ORS 223.387 (Description of real property) to 223.399 (Powers of local government concerning assessments for local improvements), owners of any property against which an assessment for local improvements has been imposed may seek a review thereof under the provisions of ORS 34.010 (Former writ of certiorari as writ of review) to 34.100 (Power of court on review). [1965 c.133 §2]

Notes of Decisions

Where city had adopted "Resolu­tion to Construct" ordinance as first step toward forma­tion of local improve­ment district, but had not yet determined which prop­erty to assess or given notice of proposed assess­ments to affected prop­erty owners, plaintiffs could not proceed by way of writ of review to challenge this resolu­tion; overruling Lindley v. City of Klamath Falls, 8 Or App 375, 494 P2d 464 (1972) and Chrysler Corpora­tion v. City of Beaverton, 25 Or App 361, 549 P2d 678 (1976), Sup Ct review denied. McKenney v. Lake Oswego, 30 Or App 913, 569 P2d 27 (1977), Sup Ct review denied

When defendant city had adopted resolu­tion providing that three percent "shall be computed on and added to the cumulative assessable costs of construc­tion, engineering, advertising and warrant interest to arrive at a total assessable amount, "ordinance did nothing that directly affected plaintiff; only sub­se­quent assess­ment ordinances directly affected plaintiff, and those could be attacked by writ of review. Diversified Properties, Inc. v. City of Springfield, 86 Or App 325, 738 P2d 1010 (1987), Sup Ct review denied

Chapter 223

Notes of Decisions

Fact that ordinance, which charged fee to prop­erty owners taking advantage of privilege of making connec­tion to city wa­ter system, specified that pay­ment would be secured by liens which would be "enforced" in matter provided by this chapter did not, of itself, show that such charges were "assess­ments." Montgomery Brothers v. City of Corvallis, 34 Or App 785, 580 P2d 190 (1978)

Circuit court has jurisdic­tion to determine merits of assess­ment, but cannot address whether assess­ment is subject to constitu­tional limits on prop­erty taxes. Martin v. City of Tigard, 14 OTR 517 (1999), aff'd 335 Or 444, 72 P3d 619 (2003)

State statutory pro­ce­dures for financing local improve­ments are not exclusive and do not displace consistent local pro­ce­dures. Baker v. City of Woodburn, 190 Or App 445, 79 P3d 901 (2003), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 223—Local Improvements and Works Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­223.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 223, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­223ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.