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CITY OF NORTH BEND v. COUNTY OF COOS

485 P.2d 1226 (1971)

CITY OF NORTH BEND, an Incorporated City of the State of Oregon, and Tck Corporation, an Oregon Corporation, Appellants, v. COUNTY OF COOS, a Body Politic and Corporate of the State of Oregon, Respondent.

Supreme Court of Oregon.

Decided June 16, 1971.

Attorney(s) appearing for the Case

Robert E. Thomas, North Bend, argued the cause for appellants. With him on the briefs were Flaxel, Todd & Flaxel, North Bend.

Robert E. Brash, Dist. Atty., Coquille, argued the cause for respondent. With him on the brief was Jerry O. Lesan, Deputy Dist. Atty., Coquille.

Before McALLISTER, P.J., O'CONNELL, C.J., and SLOAN, DENECKE, HOLMAN, TONGUE and HOWELL, JJ.

O'CONNELL, Chief Justice.

This appeal is from a judgment sustaining a demurrer to a complaint seeking equitable relief with regard to the title of certain tidelands in Coos county.

The essential facts of the complaint are as follows: The city of North Bend acquired the tidelands and other property by deed from defendant in 1942. The deed was properly recorded. It contained a provision that any property not used for the purpose of an airport within five years...

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