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CONSOLIDATED METCO v. CITY OF PORTLAND

No. A8005-02531; CA A25357.

681 P.2d 1184 (1984)

68 Or.App. 395

CONSOLIDATED METCO, Inc., a Delaware Corporation, Plaintiff, and Estate of Rance C. Niles, Deceased, Appellant, and Rivergate Residents Association and Theodore Brausen, Intervenors-Appellants, v. CITY OF PORTLAND, Port of Portland, State of Oregon and Portland Metropolitan Area Local Government Boundary Commission, Respondents.

Court of Appeals of Oregon.

Decided May 23, 1984.

Reconsideration Denied July 13, 1984.

Attorney(s) appearing for the Case

Wayne D. Landsverk, and Newcomb, Sabin, Meyer, & Schwartz, Portland, filed the brief for appellant Estate of Rance C. Niles.

Phil M. Kelley, and Janke, Kelley, Petersen & Sullivan, Portland, filed the brief for appellants Rivergate Residents Association and Theodore W. Brausen.

Thomas R. Williams, Asst. City Atty., Portland, argued the cause for respondents. With him on the brief was Christopher P. Thomas, City Atty., Portland.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

This is an appeal from a declaratory judgment in a proceeding brought to determine the validity of Portland Area Local Government Boundary Commission orders annexing certain property to the city of Portland. After the case was argued, we asked the parties to file supplemental memoranda regarding the circuit court's jurisdiction of the declaratory judgment proceeding. We now conclude that the circuit court did not have jurisdiction. It...

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