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SCHOOL DIST. 7 v. WEISSENFLUH

236 Or. 165 (1963)

387 P.2d 567

SCHOOL DISTRICT NO. 7 OF WALLOWA COUNTY ET AL v. WEISSENFLUH ET AL and SCHOOL DISTRICT NO. 7 OF WALLOWA COUNTY ET AL v. MINKLER ET AL

Supreme Court of Oregon.

Reversed and remanded December 18, 1963.

Attorney(s) appearing for the Case

M. Keith Wilson, Enterprise, argued the cause and submitted a brief for appellants.

Charles R. Cater, La Grande, argued the cause and submitted a brief for respondents.

Cecil H. Quesseth, Special Assistant Attorney General, Salem, submitted a brief amicus curiae on behalf of the State Board of Education in support of appellant's position. With him on the brief was Robert Y. Thornton, Attorney General, Salem.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, O'CONNELL, GOODWIN, DENECKE and LUSK, Justices.

REVERSED AND REMANDED.

O'CONNELL, J.

This is an appeal from a decree of the circuit court of Wallowa county declaring invalid the action of the defendant District Boundary Board in making changes in the boundaries between three school districts.

The requests for the boundary changes were made in two petitions filed with the defendant boundary board, in each case by three legal voters of the proposed new districts in accordance with ORS 329.730, which...

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