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1000 FRIENDS OF OREGON v. WASCO CTY. COURT

LUBA 81-132; CA A39509; SC S33322.

742 P.2d 39 (1987)

304 Or. 76

1000 FRIENDS OF OREGON, the Assumed Name of Oregon Land Use Project, Inc., an Oregon Non-Profit Corporation, Kelly McGreer, Rosemary McGreer, James G. Perkins, Shirlee Perkins, David Dickson and Melinda Dickson, Respondents On Review, v. WASCO COUNTY COURT, David Knapp, Richard Dennis Smith, Kent Bullock, Samadhi Matthews, Respondents (below), City of Rajneeshpuram and Rajneesh Foundation International, Formerly Chidvilas Rajneesh Meditation Center, Petitioners On Review.

Supreme Court of Oregon, In Banc.

Decided September 9, 1987.

Reconsideration Denied November 24, 1987.

Attorney(s) appearing for the Case

Allen L. Johnson, of Johnson & Kloos, Eugene, argued the cause for petitioners on review. With him on the petition were Edward J. Sullivan, of Mitchell, Lang & Smith, Portland, and Leslie Roberts, of Josselson, Potter & Roberts, Portland.

Kenneth M. Novack, of Ball, Janik & Novack, Portland, argued the cause and filed a response for respondents on review. With him on the response was Robert E. Stacey, Jr., Portland.

LINDE, Justice.

The issue before us is whether a 2-1 decision by a board of county commissioners to call an election on a proposal to incorporate a city was invalid because one of the favorable votes was cast by a member who had undisclosed business dealings with proponents of the incorporation. The Land Use Board of Appeals (LUBA), after taking evidence on the transactions, rejected this challenge to the county board's action. On review, the Court of Appeals reversed...

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