Western Amusement Co., Inc. v. City of Springfield

This is a proceeding to review a special assessment levied by the city to pay for the construction of a street.

The petitioner, Western Amusement Company, filed a writ of review in the circuit court to reverse the city council's levy of assessment. The circuit court generally found the petitioner’s property was not benefited by the street and "annulled” the assessment. The city appealed to the Court of Appeals which reversed. 21 Or App 7, 533 P2d 825 (1975). We accepted review.

The majority of the Court of Appeals held the circuit court erred because the city council did not act "arbitrarily.”…