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BIRD v. CITY OF ASHLAND

84-469-J-1; CA A35722.

734 P.2d 6 (1987)

84 Or.App. 325

Jack R. BIRD and Virginia E. Bird, Husband and Wife et al., Appellants. v. The CITY OF ASHLAND, an Oregon Municipal Corporation; David R. Lewis and Rhonda Lewis, Husband and Wife; Thomas E. Heumann and Edith I. Heumann, Husband and Wife; and Albert C. Meyer, Respondents, Virgil L. Osborn, Defendant.

Court of Appeals of Oregon.

Decided March 11, 1987.

Attorney(s) appearing for the Case

William G. Carter, Medford, argued the cause for appellants. On brief was John W. Eads, Jr., Medford.

William A. Mansfield, Medford, argued the cause for respondents Lewis, Heumann and Meyer. With him on brief was Glenn H. Munsell, Ashland.

No appearance for respondent City of Ashland.

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

DEITS, Judge.

Plaintiffs brought this declaratory judgment action in 1984. In their first count, they sought the invalidation of two deeds, recorded respectively in 1966 and 1970, which were executed by Sam B. Davis and Eleanor R. Davis to convey property in the subdivision of which plaintiffs are residents to defendant city. The deeds purport to allow the city to use the property for street purposes. Plaintiffs alleged in their second count that the city's grant...

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