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STATE EX REL. ALLEN v. MARTIN

465 P.2d 228 (1970)

STATE of Oregon ex rel. Mildred Allen, Appellant, v. Robert C. MARTIN, John Boe, Earl Kellenbeck, Bruce McGregor, F. Valentine Barrett, J. Rollins, Reese Jameson, Donald Smith and William Gillespie, Council and Mayor of the City of Grants Pass, Oregon, a Municipal Corporation, and the City of Grants Pass, Oregon, a Municipal Corporation, Respondents, Bruce M. McGregor et al., Intervenor-Respondents.

Supreme Court of Oregon, In Banc.

Decided February 11, 1970.

Rehearing Denied April 14, 1970.

Attorney(s) appearing for the Case

William V. Deatherage, Medford, argued the cause for appellant. On the briefs were Frohnmayer, Lowry & Deatherage and Charles H. Seagraves, Jr., Grants Pass.

W.W. Balderree, Grants Pass, argued the cause for respondents. On the brief were Balderree & Calvert and Philip L. Nelson, Grants Pass.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE, and HOLMAN, JJ.

McALLISTER, Justice.

This is a mandamus proceeding brought in the circuit court for Josephine County to compel the city council of Grants Pass to dissolve an offstreet motor vehicle parking district. The trial court first granted an alternative writ, but, after a trial, dismissed the writ and denied the petition. The relator appeals.

On April 20, 1966, the city council passed an ordinance completing the establishment in the commercial center of Grants Pass...

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