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STATE EX REL. KIRSCH v. CURNUTT

87 CV 0061-33; CA A67772.

833 P.2d 331 (1992)

113 Or. App. 539

STATE of Oregon ex rel. Thomas H. KIRSCH, John Hatfield, Lee Bissel, Donna Davis, Patricia Creelman, Mike Weber and Errol Schnider, Appellants, v. John CURNUTT, Patricia Neff, Michael Throop, Steven Heydon and John Doe, Respondents.

Court of Appeals of Oregon.

Decided June 24, 1992.

Reconsideration Denied September 30, 1992.

Attorney(s) appearing for the Case

Timothy R. Volpert, Portland, argued the cause for appellants. With him on the briefs were Steven R. Rinkle and Davis, Wright, Tremaine, Portland, and Edward E. Sites and Glenn, Sites & Reeder, Madras.

Paul R.J. Connolly, Salem, argued the cause for respondents. With him on the brief were Donaldson, Albert, Tweet, Connolly, Hanna & Muniz, Salem, and Paul F. Sumner, Madras.

Before WARREN, P.J., JOSEPH, C.J., and RIGGS, J.

RIGGS, Judge.

This is an action for usurpation of office. ORS 30.510. Plaintiffs, the directors of Mountain View Hospital District (MVHD), sought a declaration that Jefferson County Emergency Services District (JCESD) was invalidly formed, a declaration that defendants, directors of JCESD, were illegally holding office and an injunction prohibiting defendants from acting as directors of JCESD. The trial court concluded that JCESD and MVHD could exist simultaneously...

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