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FOSSES v. PORTLAND METRO. AREA, ETC.

No. 1228; CA No. 11562.

603 P.2d 1235 (1979)

43 Or.App. 647

Nick FOSSES, Petitioner, v. PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION; ROBERT BALL, Chairman; Marie Williams, Commissioner; Carolyn Gassaway, Commissioner; Kenneth E. Jernstedt, Commissioner; Peter G. McDonald, Commissioner; Fama Partlow, Commissioner; Jeanne Robinette, Commissioner; Dorinda Solheim, Commissioner; Carol Steele, Commissioner; City of West Linn; Respondents.

Court of Appeals of Oregon.

Decided December 10, 1979.

Attorney(s) appearing for the Case

John W. Shonkwiler of Morgan & Shonkwiler, Portland, argued the cause and filed a brief for petitioner.

William P. Hutchison, Jr., Portland, argued the cause and filed a brief for respondent Portland Metropolitan Area Local Government Boundary Commission.

No appearance for respondent City of West Linn.

Before THORNTON, P.J., and GILLETTE and CAMPBELL, JJ.

GILLETTE, Judge.

This is a petition for judicial review of a decision of the Portland Metropolitan Area Local Government Boundary Commission (Boundary Commission) which denied a proposed annexation to the City of West Linn. The petition, which was initiated pursuant to ORS 222.170 (the so-called "Triple Majority" rule), proposed the annexation of 88 acres and single ownership located west of the present city boundaries. Petitioner proposed to develop the property...

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