Cobra Building & Development, Inc. v. City of Salem

Plaintiff (Cobra) brought this action to obtain from defendant (City) the amount of a waterline connection fee collected by City from a third party. The trial court awarded Cobra a money judgment on a theory of unjust enrichment. City appeals, and we reverse.

A preliminary issue concerns our scope of review. The complaint alleges that “[p]laintiff has no adequate remedy at law” and that defendant “has been unjustly enriched” and seeks a money judgment. The parties tried the case to the court sitting without a jury. Pursuant to ORCP 62A, the court made special findings of fact in support of its…