STATE EX REL. WEINSTEIN v. LANE COUNTY

16-81-09329; CA A28779.

692 P.2d 135 (1984)

71 Or.App. 238

STATE of Oregon, ex rel. Archie Weinstein, Respondent, v. LANE COUNTY, a Political Subdivision of the State of Oregon; Scott Lieuallen, Jerry Rust, Charles Ivey, Bill Rogers and Peter DeFazio, Lane County Commissioners; and Margaret Mahoney, Acting General Administrator, Appellants.

Court of Appeals of Oregon.

Decided December 5, 1984.


Attorney(s) appearing for the Case

Teresa J. Wilson, Asst. County Counsel, Eugene, argued the cause and filed the briefs for appellants.

Edward Ray Fechtel, Eugene, argued the cause and filed the brief for respondent.

Before BUTTLER, P.J., JOSEPH, C.J., and ROSSMAN, J.


JOSEPH, Chief Judge.

The county, the members of its Board of County Commissioners and its administrator (collectively, the county) appeal the trial court's order1 that a peremptory writ of mandamus be issued requiring an account of all monies borrowed from the county general road fund and a cessation of borrowing from that fund. The order is based on the trial court's opinion that any money in the road fund, which is dedicated for road...

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