KIELING v. City Council

In order to provide access to two new schools, the Sherwood School District needed to build a new public street. Because the street would benefit not only the new schools but also other abutting properties — including property owned by plaintiffs — the school district asked the City of Sherwood to invoke its power to create a “reimbursement district” and thereby require the nearby property owners to share in the cost. The city passed a resolution doing so and leveling a conditional reimbursement fee of $440,268 on plaintiffs— conditional, because the fee becomes due only in the event that…