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PROSCH v. CITY OF LA GRANDE

514 P.2d 351 (1973)

Paul V. PROSCH et al., Appellants, v. The CITY OF LA GRANDE, Oregon, a Municipal Corporation, Respondent.

Court of Appeals of Oregon.

Decided September 28, 1973.

Attorney(s) appearing for the Case

Leeroy O. Ehlers, Pendleton, argued the cause for appellants. With him on the briefs were Fabre & Ehlers, Pendleton.

Carl G. Helm, La Grande, argued the cause for respondent. With him on the brief were Helm, Wasley & Monce, La Grande.

Before LANGTRY, P.J., and FOLEY and FORT, JJ.

FORT, Judge.

Plaintiffs are abutting landowners on Allium Street in La Grande. They brought suit in the circuit court seeking a declaration that the city has a duty to repair the street and a mandatory injunction requiring defendant to make presently needed repairs. They appeal an adverse decision.

Allium Street is platted as a 350 foot long street having a 50 foot width in the Modelaire Heights subdivision. It deadends part way up a sharply rising hillside...

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