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BUTCHART v. BAKER COUNTY

03827; A126840.

166 P.3d 537 (2007)

214 Or. App. 61

Frank BUTCHART, Plaintiff-Appellant, v. BAKER COUNTY, a political subdivision of the State of Oregon, Defendant-Respondent.

Court of Appeals of Oregon.

Decided July 11, 2007.

Attorney(s) appearing for the Case

Ridgway K. Foley, Jr., Portland, argued the cause for appellant. With him on the briefs was Greene & Markley, P.C.

Jeffrey M. Batchelor, Portland, argued the cause for respondent. With him on the brief were Markowitz, Herbold, Glade & Mehlhaf, P.C., and Dan Van Thiel.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

HASELTON, P.J.

Plaintiff appeals from a judgment, following a trial to the court, rejecting his claims for declaratory and injunctive relief and inverse condemnation, all arising from a dispute regarding the status of a road crossing a portion of his property. For the reasons set forth below, we conclude that, under ORS 34.102(2),1 the trial court lacked subject matter jurisdiction over plaintiff's claims for declaratory and injunctive...

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