McKenney v. City of Lake Oswego

This writ-of-review proceeding challenges the defendant city’s adoption of a "Resolution to Construct” as the first step toward formation of a local improvement district. The trial court ruled the resolution was invalid. The assignments of error presented by defendants’ appeal are all resolved by our conclusion that the trial court lacked jurisdiction to consider this writ of review.

ORS 223.387 et seq specifies the general procedures for levying assessments to pay for city public improvements. Although cities are free to provide different procedures, the general statutory scheme is: (1) an…