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CLARK v. CITY OF ALBANY

94 1081; CA A87915.

921 P.2d 406 (1996)

142 Or. App. 207

William F. CLARK, Appellant, v. CITY OF ALBANY, a municipal corporation, Respondent.

Court of Appeals of Oregon.

Decided July 17, 1996.

Attorney(s) appearing for the Case

Edward F. Schultz, Albany, argued the cause for appellant. With him on the briefs was Weatherford Thompson Quick & Ashenfelter, P.C.

James V.B. Delapoer, Albany, argued the cause for respondent. With him on the brief was Long Delapoer Healy & McCann, P.C.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

LANDAU, Judge.

Plaintiff William F. Clark appeals a judgment dismissing his complaint arising out of defendant City of Albany's (the city) failure to approve his application for annexation of his property. We affirm in part and reverse in part.

The complaint alleges the following facts. Clark owns a parcel of property, a portion of which is located within the Albany city limits. Clark applied to the city to have the balance

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