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LANE COUNTY v. OR. BLDRS., INC.

No. 76-4559; CA 12489.

606 P.2d 676 (1980)

44 Or.App. 591

LANE COUNTY, a Political Subdivision of the State of Oregon, Respondent, v. OREGON BUILDERS, Inc., an Oregon Corporation, Appellant. John Henry Gustafson; John A. Martinson, Jr., and S.J. Martinson; Gary W. Leavitt and Denise Leavitt; Ercil R. Johnson and Cora J. Johnson; Harold H. Sheldon and Elsie M. Sheldon; Donald A. Ewen and Muriel E. Ewen; Daniel Eugene Bowser and L.J. Bowser; James K. Byrne and Yooko S. Byrne; Omer E. Hyde and Neva R. Hyde; John E. Gengler and Linda L. Gengler; Robert F. Williamson and L.M. Williamson; Ben Jager and Lena Jager; Harold E. White and Pastee White; Edward A. Giebisch and S.J. Giebisch; and Mary Christine Reininger, Defendants-Respondents, v. Emil Bergstrom and Vernon Bergstrom, Third Party Defendants.

Court of Appeals of Oregon.

Decided February 19, 1980.

Attorney(s) appearing for the Case

Robert W. Hill, Eugene, argued the cause for appellant. With him on the briefs was Hill & Schultz, P.C., Eugene.

Cheyenne Chapman, Certified Law Student, Eugene, argued the cause for respondent. With her on the brief were Margie Hendriksen, County Counsel, and Lane County Office of Legal Counsel, Eugene.

Michael E. Farthing, Eugene, waived appearance for defendants-respondents.

Before JOSEPH, P.J., and LEE and RICHARDSON, JJ.

JOSEPH, Presiding Judge.

Lane County brought this suit seeking a mandatory injunction to compel defendant Oregon Builders to install sidewalks in a subdivision. The trial court granted the relief sought by the county. We affirm.

In 1972, Oregon Builders applied to the county for approval of a subdivision. In the latter months of 1972, two county agencies gave preliminary approval to the subdivision, "subject to * * * [i]nstallation of sidewalks as required...

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