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WASHINGTON v. CLARK

554 P.2d 163 (1976)

276 Or. 33

WASHINGTON COUNTY, a Political Subdivision of the State of Oregon, Respondent, v. Keith M. CLARK, Petitioner.

Supreme Court of Oregon, In Banc.

Decided September 3, 1976.

Attorney(s) appearing for the Case

Michael J. Kavanaugh and Russell M. Heath, Portland, argued the cause for petitioner. With them on the briefs was William Bradley Duncan, Hillsboro.

Lawrence Derr, County Counsel, Hillsboro, argued the cause for respondent. On the brief was Gregory S. Hathaway, Asst. County Counsel, Hillsboro.

DENECKE, Chief Judge.

The Court of Appeals affirmed a decree, taken by default, ordering the defendant to remove his house from his property. 24 Or.App. 73, 233, 544 P.2d 1070, 1073 (1976). We granted review.

The facts are as garnered from the evidence introduced at a hearing on defendant's motion to set aside the default and from affidavits and the pleadings.

On January 10, 1974, the plaintiff, Washington County,...

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