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POWELL GROVE CEM. v. MULTNOMAH CTY.

228 Or. 597 (1961)

365 P.2d 1058

POWELL GROVE CEMETERY ASSOCIATION v. MULTNOMAH COUNTY

Supreme Court of Oregon.

Reversed with instructions November 1, 1961.

Attorney(s) appearing for the Case

Robert M. Christ, Portland, Deputy District Attorney, argued the cause for appellant. With him on the briefs was Charles E. Raymond, District Attorney.

Gregory L. Bounds, Portland, argued the cause and filed a brief for respondent.

Before ROSSMAN, Presiding Justice, and PERRY, SLOAN, O'CONNELL and GOODWIN, Justices.

REVERSED WITH INSTRUCTIONS.

PERRY, J.

As former proprietor of a cemetery located in Multnomah county, the plaintiff in its corporate capacity brought this suit to enjoin the defendant county from proceeding as it proposes to do under ORS 214.510. The trial court granted plaintiff's prayer for a perpetual injunction and the defendant appeals.

In 1949, the legislature passed an Act which authorized Multnomah county to acquire ownership and control of...

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