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FORESS SIGN COMPANY v. CITY OF WOODBURN

No. 103205; CA 10338.

587 P.2d 112 (1978)

37 Or.App. 343

FORESS SIGN COMPANY, an Oregon Corporation, Appellant, v. CITY OF WOODBURN, a Municipal Corporation and Stanley Liss, Mayor, John Hopkins, Gary Ray, Jack Graw, Walter Nichols, Merle Leighty and William Mooney, Members of the Common Council for the City of Woodburn, Oregon, Respondents.

Court of Appeals of Oregon.

Decided December 4, 1978.

Attorney(s) appearing for the Case

Robert L. Engle, Woodburn, argued the cause for appellant. With him on the brief was Eichsteadt, Bolland & Engle, Woodburn.

Richard L. Sadler and Walter W. McMonies, Jr., Portland, argued the cause and submitted brief for respondents.

Before SCHWAB, C.J., and JOHNSON, GILLETTE and ROBERTS, JJ.

JOHNSON, Judge.

Plaintiff appeals the trial court's dismissal of its suit to enjoin the City of Woodburn from enforcing a decision suspending a permit to erect a billboard. The record consists exclusively of the pleadings. Plaintiff's complaint merely alleges historical facts. It does not allege any illegal action by the city. In particular, plaintiff alleges that by city ordinance the Woodburn planning commission had "exclusive authority" to issue billboard permits...

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