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1000 FRIENDS OF ORE. v. DEVA

No. 17487; CA A26245.

669 P.2d 1183 (1983)

64 Or.App. 755

1000 FRIENDS OF OREGON, the Assumed Name of Oregon Land Use Project, Inc., an Oregon Nonprofit Corporation, Kelly McGreer, Rosemary McGreer, James G. Perkins, Shirlee Perkins, David Dickson and Melinda Dickson, Appellants-Cross-Respondents, v. Swami Krishna DEVA, City of Rajneeshpuram, Rajneesh Investment Corporation, and Rajneesh Neosannyas International Commune, Respondents-Cross-Appellants, Wasco County Court and Sue Proffitt, Wasco County Clerk, Respondents, Ma Deva Jayamala, Ma Deva Rikta, Swami Deva Sandesh, Ma Prem Archan and Ma Prem Patipada, Defendants.

Court of Appeals of Oregon.

Decided October 5, 1983.

Attorney(s) appearing for the Case

Mark J. Greenfield, Portland, argued the cause and filed the briefs for appellants-cross-respondents.

Joseph Larkin, Deputy Dist. Atty., The Dalles, waived appearance for respondents Wasco County Court and Sue Proffitt, Wasco County Clerk, The Dallas.

Ma Prem Sangeet, Rajneeshpuram, argued the cause and filed the brief for respondent-cross-appellant City of Rajneeshpuram.

Timothy Ramis, Portland, argued the cause for respondents-cross-appellants Swami Krishna Deva, Rajneesh Investment Corporation, and Rajneesh Neosannyas International Commune. On the briefs was Corinne C. Sherton, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

Plaintiffs appeal from an adverse declaratory decree entered after the trial court granted defendants' motion for summary judgment. In their brief, plaintiffs summarize their complaint as follows:

"Plaintiffs' complaint sought declarations (1) that an election of City Councilmen for Rajneeshpuram based on an unlawful order for incorporation would be illegal and its results null and void; (2) that plaintiffs were entitled to permanent...

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