Bell v. City of Hood River

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 paid to appeal land use decisions of the city’s planning commission to the city council. On the parties’ cross-motions for summary judgment, the trial court concluded that Article I, section 10, did not apply to the city’s fee and dismissed plaintiffs’ action. We…