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BROOKS v. SMITH

556 P.2d 696 (1976)

27 Or.App. 441

Burton M. BROOKS and Ted Brausen, Appellants, v. John H. SMITH, III, et al., Respondents.

Court of Appeals of Oregon.

Decided November 22, 1976.

Attorney(s) appearing for the Case

Bruce C. Cleeton, Portland, argued the cause and filed the briefs for appellants.

No appearance for respondents John H. Smith, III, and Nancy S. Smith, The State of Oregon, or Portland Metropolitan Area Local Government Boundary Commission.

Robert L. Hurtig, Chief Deputy City Atty., Portland, argued the cause for respondent City of Portland. With him on the brief was John W. Osburn, City Atty., Portland.

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

FORT, Judge.

This is an appeal from a declaratory judgment action brought by plaintiffs, a landowner and his lessee, to determine the validity of the annexation of certain property to the city of Portland. Plaintiffs appeal from a judgment in favor of the validity of the annexation.

On July 30, 1973, defendants John and Nancy Smith petitioned the City Council of the City of Portland for annexation of their property totaling 20.85 acres. The petition was transmitted...

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