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JACK GRAY TRANSPORT, INC. v. ERVIN

A8906-03120; CA A66490.

833 P.2d 1349 (1992)

113 Or. App. 742

JACK GRAY TRANSPORT, INC., an Indiana corporation; and Martha Peck Andrews, an individual, Respondents, and Metropolitan Service District, a municipal corporation, Intervenor-Respondent, v. Vicki K. ERVIN, Director of Elections, Multnomah County, Oregon, Defendant, and E. Kimbark MacColl, an Individual, Appellant.

Court of Appeals of Oregon.

Decided July 1, 1992.

Reconsideration Denied August 19, 1992.

Attorney(s) appearing for the Case

Greg Wasson, Salem, argued the cause and filed the brief for appellant.

Rick T. Haselton, Portland, argued the cause for respondents Jack Gray Transport, Inc. and Martha Peck Andrews. Lawrence S. Shaw, Portland, argued the cause for intervenor-respondent Metropolitan Service Dist. With them on the brief were Lindsay, Hart, Neil & Weigler and Metropolitan Service Dist., Portland.

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

PER CURIAM.

MacColl appeals from the trial court's judgment enjoining defendant Ervin, the Multnomah County elections director, from placing a measure on the ballot that purportedly would have referred to the voters the Metropolitan Service District's award of a contract to Jack Gray Transport, Inc., for hauling solid waste. The basis for the trial court's decision was that the award of the contract was an administrative action, not a legislative one, and that it...

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