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CITY OF POWERS v. COOS COUNTY AIRPORT

03-CV0119; A122358.

119 P.3d 225 (2005)

201 Or. App. 222

STATE of Oregon ex rel. CITY OF POWERS and City of Lakeside, Oregon municipal corporations, and Arthur J. Schmidt, Eddie Gowan, Noble Adamek, and Claude Coffman, Appellants, and City of Myrtle Point, an Oregon municipal corporation, and Ferris Pinniger, Plaintiffs, v. COOS COUNTY AIRPORT DISTRICT, a quasi-municipal corporation of Oregon, and Judy Weeks, Sue Richardson, Helen Brunell Meneau, Clair Jones, and Michael Crow, Respondents.

Court of Appeals of Oregon, En Banc.

Resubmitted June 15, 2005.

Decided August 17, 2005.

Attorney(s) appearing for the Case

Richard D. Rodeman argued the cause and filed the brief for appellants.

Jerry O. Lesan argued the cause and filed the brief for respondents.

Before BREWER, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM, SCHUMAN, and ORTEGA, Judges.

Resubmitted En Banc June 15, 2005.

ARMSTRONG, J.

Plaintiffs appeal a judgment dismissing their claims for lack of subject matter jurisdiction. We affirm.

Plaintiffs brought this action to challenge the validity of the formation of the Coos County Airport District. Pursuant to ORS 838.010, the city of North Bend passed a resolution calling for the formation of the airport district to finance the operation of its airport.1

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