POHRMAN v. KLAMATH COUNTY COMMISSIONERS


538 P.2d 70 (1975)

In the matter of the Application for Change of Zone, No. 73-21. Howard A. POHRMAN, Petitioner, v. KLAMATH COUNTY COMMISSIONERS et al., Respondents.

Supreme Court of Oregon, In Banc.

Decided June 26, 1975.


Attorney(s) appearing for the Case

James W. Lock, Burns & Lock, P.C., Gresham, argued the cause for petitioner.

Bradford J. Aspell, Boivin & Boivin, Klamath Falls, argued the cause for respondents.


DENECKE, Justice.

The Court of Appeals dismissed petitioner's appeal because of a defect in the notice of appeal. We granted the petition for review.

Petitioner filed and duly served a timely notice of appeal. That service was made is not in issue. Petitioner did not "affix" or "endorse thereon" a proof of service until after the time for appeal had expired. The Court of Appeals held that because the proof of service was not on the notice as filed it had no...

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