Seal Rock Water District v. City of Toledo

Defendant appeals from the trial court’s judgment for plaintiff which was entered after the trial court conducted proceedings pursuant to our remand in Seal Rock Water Dist. v. City of Toledo, 77 Or App 251, 712 P2d 174 (1986). The relevant facts are stated in that opinion, and we will not repeat them. Although defendant makes six assignments of error, its arguments present only two principal points; both relate to the correctness of the trial court’s understanding and application of our earlier opinion.

Defendant argues, first, that the trial court was wrong in its view that we had construed…