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BATES v. GORDON

C040876CV; A125277.

120 P.3d 512 (2005)

201 Or. App. 619

Thomas W. BATES, Respondent, v. Robert GORDON, in his official capacity as Sheriff of Washington County, Appellant.

Court of Appeals of Oregon.

Decided September 28, 2005.

Attorney(s) appearing for the Case

Elmer M. Dickens filed the brief for appellant on appeal and filed a response to order to show cause dated May 20, 2005.

No appearance for respondent on appeal; Michael G. Borge filed a special appearance on behalf of Thomas W. Bates dated June 6, 2005.

Before EDMONDS, Presiding Judge, and LINDER and WOLLHEIM, Judges.

EDMONDS, P.J.

The Washington County Sheriff appeals a judgment overturning his revocation of petitioner's concealed handgun license. Although our analysis differs from that of the trial court, we agree that the sheriff's revocation of petitioner's concealed handgun license was improper and therefore affirm.1

In February 2004, the sheriff, pursuant to ORS 166.293, revoked petitioner's concealed handgun license based on reports that...

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