Barlow-Gresham Union High School District No. U2-20 JT. v. City of Gresham

CARL N. BYERS, Judge.

This matter is before the court on defendant’s Amended Motion to Dismiss plaintiffs’ complaint. The motion asserts that plaintiffs failed to comply with the appropriate appeal procedures, failed to file the complaint within the time periods allowed, and failed to state a claim. Plaintiffs filed a written response.

Plaintiffs are school districts whose real properties are exempt from taxation under ORS 307.090. Defendant adopted an ordinance imposing a storm water drainage fee on properties with impervious surfaces. This court previously held that the storm water drainage…