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LANE COUNTY v. HEINTZ CONST. CO.

228 Or. 152 (1961)

364 P.2d 627

LANE COUNTY v. R.A. HEINTZ CONSTRUCTION CO. ET AL

Supreme Court of Oregon.

Reargued April 12, 1961.

Affirmed September 6, 1961.

Attorney(s) appearing for the Case

William F. Frye, District Attorney, Eugene, argued the cause for appellant. With him on the briefs was William T. Linklater, Deputy District Attorney, Eugene.

Richard Bryson, Eugene, argued the cause for respondents Winn. On the briefs were Calkins and Bryson, Eugene.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, PERRY, SLOAN, O'CONNELL and GOODWIN, Justices.

AFFIRMED.

WARNER, J.

Lane County sues to enjoin the defendants from removing the topsoil of a tract of land owned by the Winns. The particular tract lies within the boundaries of the area described in Lane County Zoning and Land Use Ordinance No. 70, as adopted by the Board of County Commissioners of the plaintiff county on May 27, 1955. The defendant Heintz Construction Co. was, with the consent of the Winns, removing...

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