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MORRELL v. COUNTY OF LANE

No. 77 4418; CA 14885.

612 P.2d 304 (1980)

46 Or.App. 485

Verel C. MORRELL, Respondent-Cross-Appellant, v. COUNTY OF LANE, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided June 2, 1980.

Attorney(s) appearing for the Case

Cristie C. McGuire, Asst. County Counsel, Eugene, argued the cause and filed the briefs for appellant-cross-respondent. With her on the brief was Lane County Office of Legal Counsel, Eugene.

Dennis W. Percell, Eugene, argued the cause and filed the brief for respondent-cross-appellant. With him on the brief was Luvaas, Cobb, Richards & Fraser, P.C., Eugene.

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

CAMPBELL, Judge.

The plaintiff filed a suit for a declaratory judgment to determine his rights to operate a rock quarry on his property. The amended complaint prayed for a decree "enjoining the defendant * * * from seeking injunctive relief against the plaintiff or in any way prohibiting his use of his real property as a rock quarry." The defendant by way of countersuit alleged that the rock quarry was in violation of the Lane County zoning ordinances and sought an...

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