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BAKER v. DESCHUTES COUNTY

498 P.2d 803 (1972)

Newel P. BAKER and Rosella Baker, Husband and Wife, Appellants, v. DESCHUTES COUNTY, Oregon, et al., Respondents.

Court of Appeals of Oregon, Department 1.

Decided June 23, 1972.

Attorney(s) appearing for the Case

Walter I. Edmonds, Jr., Redmond, argued the cause for appellants. With him on the briefs were Joseph Larkin and Larkin, Bryant & Edmonds, Redmond.

Louis L. Selken, Dist. Atty., Bend, argued the cause and filed the brief for respondents.

Before LANGTRY, P.J., and FORT, and THORNTON, JJ.

THORNTON, Judge.

Plaintiffs Mr. and Mrs. Baker brought a declaratory judgment suit against defendants Deschutes County and its three county commissioners seeking to enforce an option agreement to purchase certain county-owned land. The trial court held Deschutes County did not have authority under ORS 275.080 to enter into the agreement and denied relief. Plaintiffs appeal.

The central question is, did the trial court err in failing to consider whether any...

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