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STRAWBERRY HILL 4 WHEELERS v. BD. OF COM'RS

TC 33160; CA 11086; SC 26015.

601 P.2d 769 (1979)

287 Or. 591

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

Supreme Court of Oregon, In Banc.

Decided October 23, 1979.

Rehearing Denied November 13, 1979.

Attorney(s) appearing for the Case

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

Todd G. Brown, of McClain & Brown, Corvallis, argued the cause and filed a brief for respondents.

LINDE, Justice.

Plaintiffs' effort to challenge the vacation of a county road by means of a writ of review, ORS 34.010-34.100, once again brings to this court the recurring problem of the use of the writ for judicial review of the actions of local governments.

Defendants, the Board of Commissioners of Benton County, conducted statutory procedures under ORS 368.565-368.582 on a resolution proposing to vacate a portion of County Road No. 26460, known as Old...

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