Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Greulich v. City of Lake Oswego

January 12, 1973

GREULICH ET AL, APPELLANTS,
v.
THE CITY OF LAKE OSWEGO ET AL, RESPONDENTS



Appeal from Circuit Court, Clackamas County. P. K. Hammond, Judge.

Adelbert G. Clostermann, Portland, argued the cause and filed the brief for appellants.

James A. Cox, Lake Oswego, argued the cause and filed the brief for respondents.

Fort, Judge. Schwab, Chief Judge, and Thornton, Judge.

Fort

Plaintiffs appeal from an order allowing defendants' motion to strike plaintiffs' second amended complaint, denying plaintiffs the right to plead further and entering judgment in favor of defendants.

Plaintiffs brought suit against the defendant City and against present and former mayors and councilmen. They sought injunctive and declaratory relief from the imposition of sewer assessments on their property -- and on the property of others within the assessment district.

Essentially the following questions are presented:

(1) Does a trial court have the power to strike a frivolous pleading which violates its prior orders without leave to file an amended pleading?

(2) Did the second amended complaint violate the court's prior orders?

(3) If so, did the trial court in this case abuse its discretion by terminating the suit in this manner?

Concerning the authority of a court to strike the second amended complaint,

"It is the general rule that a pleading that is


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.