Western Amusement v. Springfield

31 Citing cases

  1. Kerr v. Hallett

    677 P.2d 1098 (Or. Ct. App. 1984)   Cited 1 times

    " (Emphasis supplied.) In Western Amusement v. Springfield, 274 Or. 37, 545 P.2d 592 (1976), the court discussed the scope of review in cases of this nature: "We have reviewed special assessments in all sorts of proceedings, โ€” writs of review, suits for injunction, declaratory judgments, and suits to quiet title.

  2. Chrysler Corp. v. City of Beaverton

    25 Or. App. 361 (Or. Ct. App. 1976)   Cited 5 times

    Gilbert v. City of Eugene, 255 Or. 289, 292, 465 P.2d 880 (1970). To the same effect see Wing v. City of Eugene, 249 Or. 367, 437 P.2d 836 (1968); Stanley v. City of Salem, 247 Or. 60, 427 P.2d 406 (1967); Boyle v. City of Bend, 234 Or. 91, 380 P.2d 625 (1963); Western Amusement v. Springfield, 21 Or. App. 7, 533 P.2d 825 (1975), aff'd 274 Or. 37. 546 P.2d 592 (1976). Thus, while it is axiomatic both that special assessments can be levied only upon property which is "specially benefited" by the improvement for which the levy is passed and that in order to specially benefit property the improvement must bring to it a benefit substantially more intense than that which is realized by land not assessed, the scope of judicial review on those questions has traditionally been relatively narrow.

  3. Vail v. City of Bandon

    630 P.2d 1339 (Or. Ct. App. 1981)   Cited 2 times

    ' " The following month, the council adopted ordinances Nos. 1042 and 1043, levying special assessments in accordance with the amended Ordinance No. 842 formula in the respective sewer districts where plaintiffs' properties are located. Plaintiffs' arguments fail to segregate or distinguish two very different issues: first, whether the legislative assessment formula of the ordinances is impermissibly discriminatory or otherwise unlawful; and, second, whether the particular special assessments levied on plaintiffs' properties were made consistently with the procedural and evidentiary requirements to which such quasi-judicial determinations are subject. See, e.g., Western Amusement v. Springfield, 274 Or. 37, 545 P.2d 592 (1976). Our review of the first issue would be subject to a minimal scrutiny test, essentially equivalent to the rational basis test which applies when tax or other socio-economic legislation is challenged on equal protection grounds.

  4. Green v. Hayward

    552 P.2d 815 (Or. 1976)   Cited 35 times
    In Green, because the hearing on the zone change had taken place shortly after the publication of Fasano and the governing body had had little opportunity to become familiar with the procedural requirements of a quasi-judicial decision process, we undertook, in spite of the absence of adequate findings and reasons, to examine the record to determine whether the evidence would support the order.

    When proceeding on a writ of review, the role of the court is to determine whether the order under scrutiny is supported by substantial evidence. See Western Amusement v. Springfield, 274 Or. 37, 40, 545 P.2d 592 (1976). In Western Amusement we pointed out, however, that the "substantial evidence rule" is, in reality, a variable rule.

  5. Hutchinson v. City of Corvallis

    895 P.2d 797 (Or. Ct. App. 1995)

    See, e.g., Chrysler Corp., 25 Or App at 367. Nevertheless, the Supreme Court also has said that the location of an improvement on or near a parcel is at least some evidence that the property has been or will be benefited. Western Amusement v. Springfield, 274 Or. 37, 46, 545 P.2d 592 (1976). 4. Plaintiff insists that it is unreasonable for the city to conclude that his property enjoys a benefit from the construction of the sewer line, because his property is currently undeveloped and used only for horse grazing.

  6. McKenney v. Lake Oswego

    569 P.2d 27 (Or. Ct. App. 1977)   Cited 4 times
    In McKenney, we considered the availability of the writ of review under ORS 223.401 as applied to a challenge of Lake Oswego's initial formation of an LID. The writ of review was initiated before the city had completed the process of forming the district, delineating its boundaries, and determining the assessments for the included properties.

    However, a city's final determination that certain property has been benefited and the amount of the benefit is subject to judicial review by way of writ-of-review proceedings. ORS 223.401; ORS 224.065; Western Amusement v. Springfield, 274 Or. 37, 545 P.2d 592 (1976); Stanley v. City of Salem, supra, 247 Or at 64. "* * * [O]wners 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 to 34.100 [the writ-of-review statutes]."

  7. Younger v. City of Portland

    305 Or. 346 (Or. 1988)   Cited 85 times
    Noting that, under LUBA provisions analogous to APA, whether particular decision is supported by substantial evidence depends upon evaluation of unique evidence in each case

    None of the opinions purported to reject the Universal Camera/Stork Restaurant formulation of the "substantial evidence" test, and in several opinions, the court noted the weakness of contrary evidence in upholding the decision under review. E.g., Menges v. Bd. of Comm., supra, 290 Or at 264; Western Amusement v. Springfield, 274 Or. 37, 44-46, 545 P.2d 592 (1976).Cf. City of Portland v. Bureau of Labor and Ind., 298 Or. 104, 690 P.2d 475 (1984).

  8. Forman v. Clatsop County

    297 Or. 129 (Or. 1984)   Cited 13 times   1 Legal Analyses
    In Forman v. Clatsop County, 297 Or. 129, 681 P.2d 786 (1984), the court held that questions of vested rights and nonconforming uses, which were formerly triable in the courts, now come within LUBA's exclusive jurisdiction to review land use decisions.

    Declaratory judgment proceeding ordered dismissed because the writ of review procedure should have been pursued. Western Amusement v. Springfield, 274 Or. 37, 545 P.2d 592 (1976). Writ of review proceeding involved review of a special street assessment.

  9. Menges v. Bd. of Comm

    621 P.2d 562 (Or. 1980)   Cited 5 times

    Petitioners also contend that there was no "reliable, probative and substantial" evidence to support the finding by the Hearings Council and by the Board of Commissioners that approval of the conditional use permit for construction of the sewage treatment plant "will not be injurious to property and improvements in the area," as required by Article VI, ยง 1.2 of the Jackson County Zoning Ordinance. The question to be decided, however, is whether there was "substantial" evidence to support that finding, and this court is precluded from setting aside that finding if it is supported by substantial evidence. In Western Amusement v. Springfield, 274 Or. 37, 40, 545 P.2d 592 (1976), this court held that the words "reliable, probative and substantial" as then used in the writ of review statute, ORS 34.040, "mean `substantial' evidence." Indeed, ORS 34.040 (3) has been amended so as to now refer to findings "not supported by substantial evidence in the whole record.

  10. In the Matter of Shaw

    615 P.2d 910 (Mont. 1980)   Cited 12 times

    We will not substitute our judgment for that of the administrative body if such evidence is found to exist. Public Utilities Commission v. Northwest Water Corp. (1969), 168 Colo. 154, 451 P.2d 266; Western Amusement Co., Inc. v. City of Springfield (1976), 274 Or. 37, 545 P.2d 592; Standard Chemical Mfg. Co. v. Employment Security Div. (1980), 185 Mont. 241, 605 P.2d 610. As to the first two grounds upon which the Board decided to revoke appellant's license, appellant makes no argument as to the sufficiency of the evidence.