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MORSMAN v. CITY OF MADRAS

2003-170; A129627.

126 P.3d 6 (2006)

203 Or. App. 546

Phillip D. MORSMAN, Brigitte Morsman and Doug Shepard, Petitioners, v. CITY OF MADRAS, Respondent.

Court of Appeals of Oregon.

Decided January 4, 2006.

Attorney(s) appearing for the Case

Michael F. Sheehan, Scappoose, argued the cause and filed the brief for petitioners.

Robert Lovlien, Bend, argued the cause for respondent. With him on the brief was Bryant, Lovlien & Jarvis, P.C.

Before ARMSTRONG, Presiding Judge, and BREWER, Chief Judge, and HASELTON, Judge.

BREWER, C.J.

Petitioners seek review of a decision of the Land Use Board of Appeals (LUBA) that pertains to respondent City of Madras's annexation of 759 acres of land. Before LUBA, petitioners argued that the "triple majority" method of annexation that the city employed pursuant to ORS 222.170(1) is unconstitutional under Article I, section 20, of the Oregon Constitution,1 and the Equal Protection...

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