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BURKS v. LANE COUNTY

Nos. 16-83-06836; CA A30906.

695 P.2d 1373 (1985)

72 Or.App. 257

David N. BURKS, Lane County Sheriff, Susan E. Keenan, Richard Palmer, Ann Raftree, Harry J. Whitson, and Edward E. Simmons, Appellants, v. LANE COUNTY, a Political Subdivision of the State of Oregon, Jerry Rust, Scott Lieuallen, William Rogers, Chuck Ivey, and Peter DeFazio, Lane County Commissioners, and Steve Ickes, Lane County General Administrator, Respondents.

Court of Appeals of Oregon.

Decided February 27, 1985.

Attorney(s) appearing for the Case

Bruce Smith, Eugene, argued the cause for appellants. With him on the briefs were Jacquelyn Romm, and Cass, Scott, Woods & Smith, Eugene.

John Hoag, Asst. County Counsel, Eugene, argued the cause for respondents. With him on the brief was Lane County Office of Legal Counsel, Eugene.

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

RICHARDSON, Presiding Judge.

Plaintiffs in this declaratory judgment action are residents of Lane County and its sheriff. They contend that defendants county and county officers failed to appropriate adequate funds in the 1983-84 budget to enable the sheriff to perform his mandated law enforcement duties and functions and that defendants thereby violated the Oregon Constitution and the mandating statutes. Plaintiffs also...

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