Kozak v. City of Bend

Defendant, the City of Bend, appeals a general judgment in which the trial court declared that an ordinance and resolution that created an economic improvement district (EID) within the city and imposed assessments against affected property owners, including plaintiffs, were “null, void and unenforceable.” On appeal, defendant contends that (1) the trial court lacked jurisdiction to issue a declaration concerning the validity of the ordinance because plaintiffs’ exclusive remedy was by writ of review; and (2) the trial court erred in granting plaintiffs summary judgment based on its…