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GRANT COUNTY v. GUYER

CA A25909; SC 29562.

672 P.2d 702 (1983)

296 Or. 14

GRANT COUNTY, a Political Subdivision of the State of Oregon, Respondent On Review, v. Donald R. GUYER and Elva Guyer, His Wife; W.S. Thomas and Wanda L. Thomas, His Wife; Stuart F. Wylde and Cecilia C. Wylde, His Wife; Bobby Casteel and Althea Casteel, His Wife; James Watkins and Audrey Watkins, His Wife; Fernando Lanuza and Edith Lanuza, His Wife; City of John Day; Copap, Inc.; Norene Wohlford; Oris and Doris Crisp, His Wife; Bennita M. Boethin; Terrence Farrell and Barbara Farrell, His Wife; Gene Coats; Robert Meester; Lawrence McCallister; Jerry Franklin and Marcia Franklin, His Wife; Phillip J. Clarambeau; Richard McIntosh; Coleen Waddle; Walter Boardrow and Mary Boardrow, His Wife; Wm. Proksel and Lucille Proksel, His Wife; Michael Zerwikh and Joyce Zerwikh, His Wife; Garry R. Jones; Bank of Eastern Oregon; Phillip Trost and Mary Trost, His Wife; John Morgan; and Any Other Unknown Persons Having or Claiming to Have Some Right, Title, or Interest, in the Real Property Herein Described, Petitioners On Review.

Supreme Court of Oregon.

Decided November 15, 1983.

Attorney(s) appearing for the Case

Daniel L. Cronin, John Day, argued the cause and submitted the briefs for petitioners on review.

No appearance contra.

Daryl Garretson, Yamhill County Counsel, McMinnville, argued the cause and filed a brief amicus curiae on behalf of the Ass'n of Oregon Counties.

Charles F. Hinkle, Portland, filed a brief amicus curiae on behalf of the American Civil Liberties Foundation of Oregon, Inc.

Before, LENT, C.J., and LINDE, PETERSON, ROBERTS, CARSON and JONES, JJ.

ROBERTS, Justice.

This appeal presents the question whether notice of foreclosure by publication as provided by ORS 312.040(1) violates the due process provision of the Fourteenth Amendment to the Constitution of the United States and whether it violates the equal protection clause of the Fourteenth Amendment or Article I, section 20 of the Oregon Constitution.

Defendants are named in this tax foreclosure proceeding for failure to pay property taxes. The record...

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