MORRELL v. COUNTY OF LANE

No. 77-4418; C.A. 9351.

582 P.2d 847 (1978)

35 Or.App. 793

Verel C. MORRELL, Respondent, v. COUNTY OF LANE, Appellant.

Court of Appeals of Oregon.

Decided August 22, 1978.


Attorney(s) appearing for the Case

Lawrence S. Shaw, County Counsel, Lane County Office of Legal Counsel, Eugene, argued the cause for appellant. On the briefs was Arthur J. Clark, Asst. County Counsel, Eugene.

Paul D. Clayton, Eugene, argued the cause for respondent. With him on the brief was Luvaas, Cobb, Richards & Fraser, Eugene.

Before SCHWAB, C.J., and THORNTON, TANZER and BUTTLER, JJ.


TANZER, Judge.

This is an appeal from a denial of defendant's motions to set aside a default order and decree. We reverse.

Plaintiff in this declaratory judgment proceeding sought a declaration that his operation of a rock quarry on his property was lawful and asked for a decree enjoining defendant from seeking an injunction to prohibit plaintiff's operation of the quarry.1 The complaint was filed on August 11, 1977. On the same...

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