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STEWART v. CITY OF CORVALLIS

No. 34972; CA 16556.

617 P.2d 921 (1980)

48 Or.App. 709

Mel STEWART, Appellant, v. CITY OF CORVALLIS, Respondent.

Court of Appeals of Oregon.

Decided October 13, 1980.

Attorney(s) appearing for the Case

William G. Nokes, Corvallis, argued the cause and filed the briefs for appellant.

Richard D. Rodeman, Deputy City Atty., Corvallis, argued the cause and filed the brief for respondent.

Richard P. Benner, Portland, filed a brief amicus curiae.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.

RICHARDSON, Presiding Judge.

In September, 1978, after conducting hearings and making findings and conclusions regarding the annexation of a 76-acre parcel in which plaintiff's property is located, the Corvallis city council adopted a resolution submitting the annexation proposal to the voters of the city. At the November, 1978, general election, the voters rejected the proposal. Plaintiff then brought this declaratory judgment action, seeking to have the result of...

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