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MULTNOMAH COUNTY v. TALBOT

No. A7905-02468; CA 19960.

641 P.2d 617 (1982)

56 Or.App. 235

MULTNOMAH COUNTY, a Political Subdivision of the State of Oregon, and James P. Wilcox, Director of Assessment and Taxation for Multnomah County, Respondents, v. David G. TALBOT, State Historic Preservation Officer, Appellant, Ambassador Apartment Associates, a Joint Venture Composed of William W. Rosenfeld, Jr., and Bryne Realty Investment Co., Inc., an Oregon Corporation, Josephine Phillipson, Theodora Mackin, Thomas Hudson, Darwin Anderson, Grace McDermott, Robert Tepper, Helen Pray, Dave McNutt, Darwin Allison, Harley Gould, James Rhodes, John Courtney, Rob Dick, Ronald Armstrong, Randall Young, Bernard Ross, Mark Braverman, George McMath, Miriam McClure, Steven Jones, Richard Emlaw, Sandra Mallicott, Emil Goergeny, Larry Copeland, Charles Dibert, Marjorie Fenwick, Robert Cramer, Allen Simmons, Ralph Dwyer, Mrs. G.W. Mead, Sandra Roberts, George Mead, William Rosenfeld, Thomas Moyer, C. Kenneth Folkestad, and Marion Kingery, Intervenors-Appellants.

Court of Appeals of Oregon, In Banc.

Resubmitted February 4, 1982.

Decided March 8, 1982.

Attorney(s) appearing for the Case

Stephen T. Janik, Portland, argued the cause for appellants. With him on the briefs were E. Walter Van Valkenburg, and Stoel, Rives, Boley, Fraser & Wyse, Portland.

Richard C. Busse, Chief Deputy County Counsel, Portland, argued the cause for respondents. With him on the brief was John B. Leahy, County Counsel for Multnomah County, Portland.

Resubmitted In Banc February 4, 1982.

BUTTLER, Judge.

In this appeal from the circuit court's reversal of an agency order entered in a non-contested case, three questions of statutory construction are presented: (1) does the circuit court have jurisdiction to review the state historic preservation officer's certification of certain real property as historic property under ORS 358.475 et seq.; (2) does a county tax assessor, or the county as an entity...

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