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PETERSEN v. MAYOR & COUNCIL OF KLAMATH FALLS

555 P.2d 801 (1976)

27 Or.App. 225

David H. PETERSEN et al., Appellants, v. MAYOR and COUNCIL OF the City of KLAMATH FALLS et al., Respondents.

Court of Appeals of Oregon.

Decided November 1, 1976.

Attorney(s) appearing for the Case

Henry R. Richmond, III, Portland, argued the cause and filed the briefs for appellants.

B.J. Matzen, Klamath Falls, argued the cause and filed the brief for respondents Mayor and Council of the City of Klamath Falls.

William P. Brandsness, Klamath Falls, filed a brief for respondents Alan W. Bowker and Melvin L. Stewart.

Blair M. Henderson, Klamath Falls, argued the cause and filed the brief for respondents Everett L. Leach and Wayne M. Cole.

Before SCHWAB, C.J., and FORT and THORNTON, JJ.

SCHWAB, Chief Judge.

Plaintiffs appeal from a circuit court order upholding a City of Klamath Falls ordinance which annexed 141 acres of land to the city. The principal question raised is whether certain land-use control provisions of ORS ch. 197 apply to annexations.

Defendants Bowker, Stewart, Leach and Cole own various parcels which together constitute the 141 acres in question. They proposed an annexation of the land to the City of Klamath Falls. After...

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