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STRAWBERRY HILL, ETC. v. BOARD OF COM'RS, ETC.

No. 33160; CA 11086.

588 P.2d 65 (1978)

37 Or.App. 575

STRAWBERRY HILL 4 WHEELERS, a Non-Profit Corporation, and Pacific Northwest 4-Wheel-Drive Association, a Non-Profit Corporation, Appellants, v. THE BOARD OF COMMISSIONERS FOR THE COUNTY OF BENTON, State of Oregon, Dale Schrock, Barbara Ross and Larry Callahan, Respondents.

Court of Appeals of Oregon, In Banc.

Resubmitted December 14, 1978.

Decided December 18, 1978.

Attorney(s) appearing for the Case

Lynn H. Heusinkveld, Coos Bay, argued the cause and filed briefs, for appellants.

Todd G. Brown, Corvallis, argued the cause and filed brief, for respondents.

Resubmitted in banc December 14, 1978.

JOHNSON, Judge.

Plaintiffs appeal the judgment of the trial court quashing a writ of review contesting a road vacation by Benton County. The trial court concluded that the county's decision was legislative and, thus, not subject to writ of review. See ORS 34.040.1

The older cases have been in conflict as to whether vacation of a road is legislative or quasi-judicial. Compare...

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