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KELLY v. SILVER

549 P.2d 1134 (1976)

Lee R. KELLY et al., Appellants, v. Norman H. SILVER, Administrator, Health Division, Department of Human Resources, State of Oregon, and City of Sweet Home, a Municipal Corporation, Respondents, R.E. Douglas et al., Defendants.

Court of Appeals of Oregon.

Decided May 17, 1976.

Attorney(s) appearing for the Case

C.S. Emmons, Albany, argued the cause for appellants. With him on the brief were Emmons, Kyle, Kropp & Kryger, Albany.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent Health Division. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Solicitor Gen., Salem.

No appearance by respondent City of Sweet Home.

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

LANGTRY, Judge.

This appeal challenges a judgment of the circuit court in a declaratory judgment action which affirmed action of the administrator of the state Health Division, requiring annexation, for public health reasons, of an area to the City of Sweet Home.

Plaintiffs are 177 residents of a territory proposed to be annexed to the city pursuant to the provisions of ORS 222.850 through 222.915. Numerous of the plaintiffs are obviously spouses of other...

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