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SCHMIDT v. MASTERS

490 P.2d 1029 (1971)

John E. SCHMIDT, Dba Schmidt's Sanitary Service, Appellant, v. William J. MASTERS et al., Respondents.

Court of Appeals of Oregon, Department 1.

Decided November 26, 1971.

Rehearing Denied December 21, 1971.

Review Denied February 8, 1972.

Attorney(s) appearing for the Case

John J. Haugh, Portland, argued the cause for appellant. With him on the briefs were O'Connell, Goyak, Haugh & Loew, Portland.

Edward J. Sullivan, County Counsel, Hillsboro, argued the cause and filed the brief for respondents.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.

LANGTRY, Judge.

This appeal is from judgment of the circuit court on petitioner's Writ of Review of action of the Board of County Commissioners for Washington County in awarding a sanitary service (for waste collection and disposal) certificate pursuant to Ordinance No. 59 of Washington County. The Board awarded petitioner substantially less than all of the territory for which he had applied. The petition attacked the ordinance on grounds that the county had no authority...

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