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CALDWELL v. WUNDERLICH

552 P.2d 1321 (1976)

J.B. CALDWELL and Roberta Caldwell, Appellants, v. W.E. WUNDERLICH et al., Respondents.

Court of Appeals of Oregon.

Decided August 9, 1976.

Attorney(s) appearing for the Case

John C. Caldwell, Oregon City, argued the cause for appellant. With him on the briefs were Hibbard, Caldwell, Canning, Bowerman & Schultz, Oregon City.

Lawrence M. Dean, Astoria, argued the cause for respondents. With him on the brief were Macdonald, Dean, McCallister & Snow, Astoria, and Steven T. Campbell, Seaside.

Thomas P. Davis, Portland, submitted a brief amicus curiae for Northwest Environmental Defense Center.

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

FOLEY, Judge.

Affirmed. Brooks v. Dierker, 275 Or. 619, 552 P.2d 533 (1976).

THORNTON, Judge (specially concurring).

I agree with the majority that we are bound by Brooks v. Dierker, 275 Or. 619, 552 P.2d 533 (1976), and accordingly am obliged to concur. It is my view, nevertheless, that Brooks should be questioned for the following reasons:

As I read ...

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