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STATE EX REL. RODRIGUEZ v. GEBBIE

CA 14230; SC 26607.

614 P.2d 1144 (1980)

289 Or. 399

STATE of Oregon ex rel. Julia Rodriguez and West Side Sanitary District, a Quasi-Municipal Corporation in Klamath County, Oregon; and Julia Rodriguez and West Side Sanitary District, a Quasi-Municipal Corporation in Klamath County, Oregon, in Their Own Rights, Petitioners, v. Kristine M. GEBBIE, Assistant Director for Health of the Department of Human Resources of the State of Oregon; Also the Health Division of the Department of Human Resources of the State of Oregon, Respondents.

Supreme Court of Oregon.

Decided July 23, 1980.

Attorney(s) appearing for the Case

E.R. Bashaw, Medford, and Steven P. Couch, Klamath Falls, argued the cause and filed briefs for petitioners.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

B.J. Matzen, City Atty., Klamath Falls, also argued the cause for respondents.

Before DENECKE, C.J., and TONGUE, HOWELL, LENT and PETERSON, JJ.

HOWELL, Justice.

This is the second of four related cases decided this date presenting questions concerning the compulsory annexation by the City of Klamath Falls (City) of a certain area adjacent to the City because a danger to public health exists due to sewage conditions. In this case, plaintiffs sought a writ of mandamus to compel defendants1 to stay further compulsory annexation proceedings...

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