City of Woodburn v. Dekabi, Inc.

Plaintiff City of Woodburn appeals in this *427declaratory proceeding from a judgment of the circuit court which holds that a remonstrance by more than 50 percent of the property owners abutting an area upon which the city had ordered the construction of a sidewalk deprived the city of “jurisdiction.” The judgment declares that “* * * on the subject matter of the sidewalk concerned * * * that the City may not require the defendants to construct the same.”

The defendants had built a shopping mall on several acres of land adjoining State Highway 99E in Woodburn. Pursuant to Woodburn, Or, City…