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NORMAN v. VAN ELSBERG

497 P.2d 204 (1972)

Judge James A. NORMAN and Judge John C. Warden, Being All of the Circuit Court Judges for Coos County, Petitioners, v. Lonnie VAN ELSBERG Commissioner, et al., Respondents.

Supreme Court of Oregon.

Decided May 17, 1972.

Attorney(s) appearing for the Case

John Foss, Coos Bay, argued the cause for petitioners. With him on the petition were McKeown, Newhouse & Johansen and Paul L. Roess, Coos Bay.

Peter S. Herman, Senior Counsel, Salem, argued the cause for respondents. With him on the briefs were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Before O'CONNELL, C.J., and McALLISTER, DENECKE, HOLMAN, TONGUE and BRYSON, JJ.

O'CONNELL, Chief Justice.

This is a proceeding filed pursuant to ORS 27.010-27.030 permitting a controversy to be submitted without action or suit.1

The question presented is whether the Board of County Commissioners of Coos County has the authority to decrease admittedly reasonable salaries of juvenile department personnel fixed by the judges of the juvenile court.

The trial court held that the board did not have such...

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