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STATE EX REL. DOUGLAS COUNTY v. SANDERS

SC 28329.

655 P.2d 175 (1982)

294 Or. 195

STATE ex rel. Douglas County, an Oregon County, and John Hebard, Plaintiffs-Relators, CRS Group Engineers, Inc., Dba Straam Engineers, Plaintiff-Intervenor, v. The Honorable Don H. SANDERS, Circuit Court Judge of the State of Oregon for the County of Douglas, Defendant.

Supreme Court of Oregon, In Banc.

Decided December 15, 1982.

Attorney(s) appearing for the Case

F. Gordon Allen, Portland, argued the cause for plaintiffs-relators. With him on the briefs was Joseph A. Yazbeck, Jr., Portland.

Michael J. Caro, Portland, argued the cause for defendant. With him on the brief were Daniel J. Seifer, and Kobin & Meyer, P.C., Portland.

Charles F. Adams of Stoel, Rives, Boley, Fraser & Wyse, Portland, filed briefs for plaintiff-intervenor.

PETERSON, Justice.

In 1865, this court held that taxpayers of a public body are absolutely disqualified from sitting as jurors in any lawsuit in which the public body has a pecuniary interest. Garrison v. City of Portland, 2 Or. 123, 124 (1865). The most recent restatement of the rule was in 1927, in Wheeler v. Cobbs & Mitchell Co., 121 Or. 422, 424, 253 P. 5 (1927).1 We issued an alternative writ of mandamus in the case...

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