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SCHOOL DISTRICT 129J v. FOSDICK

No. 81-0192; CA A24837.

681 P.2d 1167 (1984)

68 Or.App. 23

SCHOOL DISTRICT 129J, Marion County, Oregon (Mill City-Gates School District); Linn-Benton Education Service District; Chemeketa Community College, Municipal Corporations, Respondents, v. Joel D. FOSDICK, Jr.; Patricia Tollisen; and David O. Cooper, Linn County Commissioners of Linn County, Oregon; and Arlene Downing, Treasurer of Linn County, Oregon, a Municipal Corporation, Appellants.

Court of Appeals of Oregon.

Decided May 2, 1984.

Attorney(s) appearing for the Case

Jackson L. Frost, Linn County Dist. Atty., Albany, argued the cause for appellants. With him on the briefs were Robert A. Ford, and Bromley & Ford, Eugene.

William G. Paulus, Salem, argued the cause for respondents. With him on the brief was Paulus & Callaghan, Salem.

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

YOUNG, Judge.

In this mandamus action, plaintiffs seek to compel defendants to distribute revenue from certain forest land pursuant to a statutory formula first established in 1941.1 ORS 530.110 — ORS 530.115. The revenue at issue is derived from land which defendant Linn County originally acquired through tax foreclosure and conveyed to the state in 1939. The trial court, relying on circumstantial evidence, ruled that Linn County...

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