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MILLERSBURG DEVELOPMENT CORPORATION v. MULLEN

514 P.2d 367 (1973)

MILLERSBURG DEVELOPMENT CORPORATION et al., Appellants, v. Floyd C. MULLEN et al., Respondents.

Court of Appeals of Oregon.

Decided September 28, 1973.

Attorney(s) appearing for the Case

James H. Jordan and Peter L. Powers, Albany, argued the cause for appellants. On the brief were Weatherford, Thompson, Horton & Jordan, P.C., Albany.

Jackson L. Frost, Dist. Atty., Albany, argued the cause and filed the brief for respondents.

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

LANGTRY, Judge.

This is a writ of review proceeding in which the circuit court upheld action of the Board of County Commissioners of Linn County in enlarging the area of a city proposed in a city incorporation election petition. It is contended that the county commissioners acted erroneously and arbitrarily in thus enlarging the proposed boundaries and that they exceeded their jurisdiction in this regard. These issues raise the question, when a county court or commission...

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