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ALLISON v. WASHINGTON COUNTY

548 P.2d 188 (1976)

James B. ALLISON, Appellant, v. WASHINGTON COUNTY, Oregon, and Roger Thomssen, Director of Records and Elections for Washington County, Oregon, Respondents.

Court of Appeals of Oregon, In Banc.

Decided March 8, 1976.

Reargued and Submitted December 18, 1975.

Attorney(s) appearing for the Case

David G. Frost, Hillsboro, argued the cause and filed the briefs for appellant.

John M. Junkin, Asst. County Counsel, Hillsboro, argued the cause and filed the brief for respondents.

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

LANGTRY, Judge.

Plaintiff initiated this declaratory judgment proceeding to seek a determination that an amendment to the Washington County comprehensive plan, adopted by the County Commissioners on December 30, 1974, was subject to referendum in the unincorporated area of Washington County. The trial court dismissed plaintiff's complaint on the ground of sovereign immunity.

The questions presented are: (1) whether sovereign immunity is here applicable; (2...

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