Vail v. City of Bandon

These are consolidated suits by owners of unimproved real property who seek to enjoin the defendant city from enforcing ordinances which impose higher sewer district assessments on unimproved property than on improved property. The trial court granted the city’s motions for summary judgment, and plaintiffs appeal. We affirm.

The city’s Ordinance No. 842, section 11(4), was adopted through an initiative measure and took effect on February 27, 1979. As originally enacted, it provided in relevant part:

"* * * [I]n all instances in which an improvement district contains at least forty (40%) per…