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EUGENE SAND & GRAVEL, INC. v. CITY OF EUGENE

558 P.2d 338 (1976)

276 Or. 1007

EUGENE SAND & GRAVEL, INC., an Oregon Corporation, Petitioner, and American Legion Post # 3, Department of Oregon, a Nonprofit Corporation of the State of Oregon, for and On Behalf of All Duly Constituted and Organized Veterans Organizations with Chapters or Posts Located within the City of Eugene, Petitioner, v. CITY OF EUGENE et al., Respondents.

Supreme Court of Oregon, In Banc.

Decided December 16, 1976.

Attorney(s) appearing for the Case

William G. Wheatley, of Jaqua & Wheatley, Eugene, argued the cause and filed briefs for petitioner Eugene Sand & Gravel, Inc. With him on the reply brief were Dudley C. Walton, of Geddes, Walton & Richmond, Roseburg, and Larry R. Roloff, Eugene.

Dudley C. Walton, Asst. Dept. of Judge Advocate, Dept. of Oregon American Legion, Roseburg, argued the cause for petitioner American Legion Post #3, Dept. of Oregon. With him on the brief was C.S. Emmons, Judge Advocate District #3, Dept. of Oregon American Legion, Albany.

Leslie M. Swanson, Jr., Eugene, argued the cause for individual respondents. With him on the brief were Terence J. Hammons, of Hammons, Phillips & Jensen, Cooperating Attys., American Civ. Liberties Union of Oregon, Eugene.

Larry R. Roloff, Eugene, filed a brief amicus curiae for American Rights Council, Inc.

Argued and Submitted November 1, 1976, at Eugene.

TONGUE, Justice.

This is a suit in equity under ORS 16.460(1) to set aside a previous decree by this court upon the ground that "circumstances have changed materially" since the entry of that decree.

In 1969 this court held that the City of Eugene had violated the state and federal constitutions by authorizing the erection by private parties of a large cross on Skinner's Butte, a municipal park.

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