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BEAR CREEK VALLEY SAN. AUTH., ETC. v. HOPKINS

No. 75-997-E-2; CA 19065.

631 P.2d 808 (1981)

53 Or.App. 212

BEAR CREEK VALLEY SANITARY AUTHORITY EX REL. E.R. BASHAW AND LUCY M. BASHAW, and E.R. Bashaw and Lucy M. Bashaw, Individually, Appellants, v. Bereth P. HOPKINS, Chester Irish, W.B. Brill, Robert Dunn, Karl O. Kohler, Ronald V. Meyer, E.W. Nitcher, Individually and As Officers of Bear Creek Valley Sanitary Authority, Respondents, George E. Stacey, John D. Watkins, and Robert E. Burton, E.G. Tischauser, Val A. Bubb, Dennis Cooper, Bruce Bauer and George Flanagan, Defendants.

Court of Appeals of Oregon.

Decided July 27, 1981.

Attorney(s) appearing for the Case

Stanley Carroll Jones, Jr., Klamath Falls, argued the cause for appellants. With him on the briefs were Steven A. Zamsky, Klamath Falls, E.R. Bashaw, Medford, and Giacomini, Jones & Associates, Klamath Falls.

Ervin B. Hogan, Medford, argued the cause and filed the brief for respondents.

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

GILLETTE, Presiding Judge.

This is an action by the Bear Creek Valley Sanitary Authority on behalf of two of its taxpayers against the directors of the Authority pursuant to ORS 294.100, post. The taxpayers seek the return of moneys which they allege were expended by the Authority for purposes other than those authorized by law and an injunction forbidding the further unauthorized use of the Authority's funds. The trial court granted summary judgment in favor...

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