Montgomery Bros. Construction, Inc. v. City of Corvallis

In this suit for declaratory relief, plaintiffs seek a determination that defendant’s Ordinance No. 73-79, as it relates to water "assessments,” is void, and that plaintiffs are not required to pay the charge upon hooking up to the water system. Plaintiffs refused to plead over after the trial court sustained defendant’s demurrer to the complaint, and appeal from the ensuing order dismissing it.

Plaintiff Montgomery Brothers is the owner of real property located in the city of Corvallis and intends to connect improvements thereon to defendant’s water system. Plaintiff Corvallis Home Builders…