Sisters of St. Mary, Inc. v. City of Beaverton

HOLMAN, J., (Pro Tempore.)

Plaintiffs, property owners, brought a declaratory judgment proceeding and a writ of review, both of which challenged certain portions of an assessment against plaintiffs’ property for street improvements levied by the city of Beaverton. The two cases were consolidated for trial. The city appealed from decrees excluding from the assessment two items of the city’s cost.

The city adopted an ordinance for the widening, paving and further improvement of S. W. 142nd Street. The street is intersected by the tracks of the Southern Pacific Railroad. As a prerequisite to…