Aloha Sanitary District v. Wilkens

This is a proceeding brought by the Aloha Sanitary District under the authority of ORS 33.710 and 33.720 to obtain a judicial declaration as to the legality of an ordinance enacted by the district. Defendants appeal from a decree declaring the ordinance valid.

The ordinance in question provides for the levy of a special assessment against property to be benefited by a sewer project. The validity of the ordinance is attacked by defendants on the ground that it purports to assess their property and require payment of tax assessments prior to construction,- the assessment being based upon the…