BURT v. BLUMENAUER

A8112-07353; CA A38623.

733 P.2d 462 (1987)

84 Or.App. 144

Roger BURT, for Himself and All Other Taxpayers in Multnomah County, Appellant, v. Earl BLUMENAUER, Dennis Buchanan, Don Clark, Robert Isman, David Lawrence and Gladys McCoy, Respondents.

Court of Appeals of Oregon.

Decided March 4, 1987.


Attorney(s) appearing for the Case

Charles O. Porter, Eugene, argued the cause and filed the briefs for appellant.

Rives Kistler, Portland, argued the cause for respondents Earl Blumenauer, Dennis Buchanan and Gladys McCoy. With him on the brief were Stephen L. Griffith and Stoel, Rives, Boley, Fraser & Wyse, Portland.

James N. Westwood, Portland, argued the cause for respondents Don Clark, Robert Isman and David Lawrence. On the brief were John W. Osburn, Jeffrey B. Millner and Miller, Nash, Wiener, Hager & Carlsen, Portland.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.


WARDEN, Presiding Judge.

Plaintiff, a Multnomah County taxpayer, brought this action under ORS 294.100 against defendants1 to require them to repay county funds allegedly spent in violation of ORS 260.4322 to defeat an initiative ballot measure to halt fluoridation of Portland's water supply. The trial court initially granted summary judgment in favor of defendants, finding as a matter of law that the expenditures...

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