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SHOTGUN CREEK RANCH, LLC v. CROOK COUNTY

02CV0061; A132214.

182 P.3d 312 (2008)

219 Or. App. 375

SHOTGUN CREEK RANCH, LLC, Plaintiff-Appellant, v. CROOK COUNTY, Defendant-Respondent.

Court of Appeals of Oregon.

Decided April 16, 2008.

Attorney(s) appearing for the Case

Gregory P. Lynch, Bend, argued the cause for appellant. With him on the briefs were Stanley D. Austin and Miller Nash LLP.

David M. Gordon, Crook County Legal Counsel, argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

SCHUMAN, J.

"Legalization" is a statutory process by which a county governing body can establish the disputed existence or uncertain location, or both, of a county road. See ORS 368.201-368.221 (describing process). In this case, the governing body of Crook County, the Crook County Court, legalized a road known as Shotgun Road. The location as legalized by the county court traversed property owned by plaintiff Shotgun Creek Ranch. Plaintiff sought a writ of...

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