PACIFIC WESTERN CO. v. LINCOLN COUNTY

(975869; CA A104529).

998 P.2d 798 (2000)

166 Or. App. 484

PACIFIC WESTERN COMPANY and Lowell E. Patton, Appellants, v. LINCOLN COUNTY, Respondent, and Marcia Michael, Alvin Tornow, Bonnie Tornow, Ann Robins, and Jane Mara, Respondents.

Court of Appeals of Oregon.

Decided April 12, 2000.


Attorney(s) appearing for the Case

William C. Cox, Portland, argued the cause for appellants. With him on the brief was Gary P. Shepherd.

Wayne Belmont, Newport, argued the cause for respondents Lincoln County, Marcia Michael, Alvin Tornow and Bonnie Tornow. With him on the brief was Robert W. Connell, Newport.

No appearance for respondents Ann Robins and Jane Mara.

Before De MUNIZ, Presiding Judge, and HASELTON, Judge, and WOLLHEIM, Judge.


HASELTON, J.

Petitioners appeal from the circuit court's judgment in a writ of review proceeding that affirmed an order of the Lincoln County Board of Commissioners vacating a portion of a public roadway, NW Sandy Drive, in Lincoln County. Petitioners contend, in part, that the circuit court erred in rejecting their claim that the Board had misconstrued applicable law, viz., ORS 368.331, and had consequently failed to follow applicable procedures. ORS 34.040...

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