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EDNEY v. COLUMBIA COUNTY BD. OF COM'RS

CC 91-2044; CA A73139; SC S40166.

863 P.2d 1259 (1993)

318 Or. 138

Stephen M. and Sally W. EDNEY, Petitioners on Review, v. COLUMBIA COUNTY BOARD OF COMMISSIONERS, comprised of Michael Sykes, Jack Peterson and Dale Heimuller, Respondents on Review.

Supreme Court of Oregon, In Banc.

Decided December 16, 1993.

Attorney(s) appearing for the Case

John F. Hunnicutt, St. Helens, argued the cause for petitioners on review. With him on the petition was David J. Hunnicutt, St. Helens.

John K. Knight, St. Helens, argued the cause and filed the response for respondents on review.

Dorothy S. Cofield and David B. Smith, Tigard, filed a brief amicus curiae on behalf of Oregonians in Action.

Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and John T. Bagg, Asst. Atty. Gen., filed a brief amicus curiae on behalf of the Dept. of Land Conservation and Development.

VAN HOOMISSEN, Judge.

Plaintiffs in this mandamus proceeding seek review of the Court of Appeals' decision reversing the trial court's peremptory writ of mandamus and remanding the case with instructions to dismiss. Edney v. Columbia County Board of Commissioners, 117 Or.App. 385, 844 P.2d 251 (1992), modified on reconsideration 119 Or.App. 6

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