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DAN GILE AND ASSOC., INC. v. McIVER

92-02-10255; CA A74129.

831 P.2d 1024 (1992)

113 Or. App. 1

DAN GILE AND ASSOCIATES, INC., an Oregon corporation, and David Manuel, Appellants, v. Charlotte McIVER, Wallowa County Clerk, Respondent, and Celinda Ann Miller and "Citizens for Referendum," Intervenors Below.

Court of Appeals of Oregon.

Decided May 11, 1992.

Attorney(s) appearing for the Case

W. Eugene Hallman, Pendleton, argued the cause for appellants. With him on the brief were D. Rahn Hostetter and Mautz Hallman Baum & Hostetter, Pendleton.

William R. Kirby, Enterprise, waived appearance for respondent.

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

RICHARDSON, Presiding Judge.

Plaintiffs are the owners of a 24-acre parcel in Wallowa County. They applied for, and the county governing body approved, a zone change for the parcel from exclusive farm use to residential. A referendum petition was subsequently filed to place the governing body's decision before the voters of the county at the May 19, 1992, primary election. Plaintiffs then brought this action for declaratory and injunctive relief, contending that the...

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