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SKOURTES v. CITY OF TIGARD

444 P.2d 22 (1968)

John R. SKOURTES et al., Respondents, v. CITY OF TIGARD, Oregon, Appellant, and E.G. Kyle, Mayor of the City of Tigard et al., Defendants.

Supreme Court of Oregon, In Banc.

Decided July 24, 1968.

Attorney(s) appearing for the Case

Frederick A. Anderson, Tigard, argued the cause and submitted briefs for appellant.

R.W. Nahstoll, Portland, argued the cause for respondents. With him on the brief were Jonathan A. Ater and Krause, Lindsay & Nahstoll, Portland.

Before McALLISTER, P.J., and SLOAN, O'CONNELL, GOODWIN, DENECKE, HOLMAN and RODMAN, JJ.

O'CONNELL, Justice.

Plaintiffs seek a decree declaring void a purported annexation by the City of Tigard. Defendant city appeals from a decree in favor of plaintiffs.

The trial court held that the annexation proceedings were invalid for failure to comply with ORS 222.170 under which the purported annexation proceedings were brought.

The pertinent part of ORS 222.170 provides as follows:

"(1) The legislative body of the city need not call or...

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