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TERRY v. MULTNOMAH COUNTY

566 P.2d 878 (1977)

279 Or. 127

Stan TERRY, Respondent, v. MULTNOMAH COUNTY, Oregon, and Portland Adventist Hospital, an Oregon Nonprofit Corporation, Petitioners.

Supreme Court of Oregon, In Banc.

Decided July 12, 1977.

Attorney(s) appearing for the Case

Martin B. Vidgoff, Deputy County Counsel, Portland, argued the cause for petitioner Multnomah County. On the briefs with him were George M. Joseph, County Counsel, and Gary J. Zimmer, Deputy County Counsel, Portland.

Leslie M. Roberts, Portland, argued the cause for petitioner Portland Adventist Hospital. On the briefs with her was Clifford B. Alterman, of Kell, Alterman & Runstein, Portland.

Stan Terry, filed a brief in pro. per.

Orval Etter, Research Atty., Bureau of Governmental Research and Service, University of Oregon, Eugene, filed a brief amicus curiae, by invitation of the Oregon Supreme Court.

TONGUE, Justice.

Plaintiff, as a taxpayer, brought this suit for a decree declaring the purchase by defendant Multnomah County of a golf course owned by defendant Portland Adventist Hospital to be void as in violation of the $5,000 debt limitation imposed by Art. XI, § 10, of the Oregon Constitution. After motions for summary judgment by both parties, the trial court entered a judgment and decree dismissing the complaint. That judgment and decree was reversed...

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