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BURT v. BLUMENAUER

TC No. A8112-07355; CA A25112; SC S30238.

699 P.2d 168 (1985)

299 Or. 55

Roger BURT, for Himself and All Other Taxpayers in Multnomah County, Respondent On Review, v. Earl BLUMENAUER, Dennis Buchanan, Don Clark, Robert Isman, David Lawrence and Gladys McCoy, Petitioners On Review.

Supreme Court of Oregon, In Banc.

Decided April 23, 1985.

Attorney(s) appearing for the Case

John B. Leahy, County Counsel for Multnomah County, Portland, argued the cause for petitioners on review. With him on the briefs was Rudolph S. Westerband, Asst. County Counsel, Portland.

Charles O. Porter, Eugene, argued the cause and filed the briefs for respondent on review.

Timothy J. Sercombe and Harrang, Swanson, Long & Watkinson, P.C., Eugene, filed a brief amicus curiae for City of Eugene.

Alan S. Bachman, Chief Asst. County Counsel, Hillsboro, Paul Snider, Legal Counsel, Ass'n of Oregon Counties, Salem, and Michael E. Judd, Asst. County Counsel, Oregon City, filed a brief amicus curiae for Ass'n of Oregon Counties.

ROBERTS, Justice.

The issue is whether defendant public officials can be held personally liable for the return of public monies expended to promote water fluoridation during an election period when that issue was before the voters.

I. STATEMENT OF THE CASE

Plaintiff taxpayer sued three Multnomah County Commissioners, the county executive and two county health officers for unlawful expenditure of federal and matching county grant monies. The funds...

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