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BEECROFT v. DOUGLAS COUNTY

TC 76-0526; CA 10627.

589 P.2d 1188 (1979)

38 Or.App. 257

Lyle BEECROFT and Patricia Beecroft, Husband and Wife, Appellants, v. DOUGLAS COUNTY and City of Sutherlin, a Municipal Corporation, Respondents.

Court of Appeals of Oregon.

Decided January 29, 1979.

Attorney(s) appearing for the Case

Paul D. Clayton, of Luvaas, Cobb, Richards & Fraser, P.C., Eugene, argued the cause and filed briefs for appellants.

Edward P. Fitch, Deputy Dist. Atty. for Douglas County, Roseburg, argued the cause for respondent Douglas County. On the brief was Paul Nolte, County Counsel, Roseburg.

Donald S. Kelley, of Luoma, Kelley & Wolke, Roseburg, argued the cause and filed a brief for respondent City of Sutherlin.

Before SCHWAB, C.J., GILLETTE and ROBERTS, JJ., and HOLMAN, J., Pro Tem.

HOLMAN, Judge Pro Tem.

This is a suit against Douglas County and the City of Sutherlin for the specific performance of a contract to construct a street upon plaintiffs' property. Plaintiffs appeal from a decree for defendants.

East Central Avenue in the City of Sutherlin is also Douglas County Road No. 19. In January of 1970 the city and county entered into an agreement for the development and widening of East Central Avenue. The agreement provided, in part...

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