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BUTTE CREEK ASSN. v. MARION COUNTY

98C-17831; A106270

23 P.3d 997 (2001)

174 Or. App. 149

BUTTE CREEK ASSOCIATION, Respondent, v. MARION COUNTY, a political subdivision of Oregon and municipal corporation, and its Board of County Commissioners composed of Don Wyant, Mary Pearmine and Randall Franke, Respondents below, and Dave Bielenberg, Tom Buchholz and Glen Goshie, petitioners for the formation of the East Valley Water District, Appellants.

Court of Appeals of Oregon.

Decided May 9, 2001.

Attorney(s) appearing for the Case

William H. Holmes, Bend, argued the cause for appellants. With him on the briefs were David E. Filippi and Stoel Rives LLP.

Mary Kim Wood argued the cause and filed the brief for respondent Butte Creek Association.

Ben Lombard, Jr., and Lombard, Knudsen & Holtey LLP, filed the brief amici curiae for the Oregon Water Resources Congress and the Oregon Farm Bureau.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

ARMSTRONG, J.

Intervenors1 petitioned the Marion County governing body to form an irrigation district in accordance with ORS 545.001 et seq. The governing body concluded that the signatures of the necessary owners had been obtained and that the other requirements of ORS 545.029 had been met to form the district without an election. It therefore ordered the creation of the district.

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