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KOON v. CITY OF GRESHAM

A8906-03531, A8909-05707; CA A65588 (Control), CA A66660.

860 P.2d 848 (1993)

123 Or. App. 513

Howard KOON, Jack Adams and Marlene Angel, Respondents-Cross-Appellants, and Ken Hunter, Respondent, v. CITY OF GRESHAM, Appellant-Cross-Respondent. ROCKWOOD WATER DISTRICT, Respondent, v. CITY OF GRESHAM, Appellant.

Court of Appeals of Oregon.

Decided October 6, 1993.

Attorney(s) appearing for the Case

Elizabeth K. Reed, Asst. City Atty., Gresham, argued the cause for appellant-cross-respondent and appellant. With her on the briefs was Thomas Sponsler, City Atty., Gresham.

Daniel W. Meek, Portland, argued the cause for respondents cross-appellants. With him on the brief was Linda K. Williams, Portland.

Leslie M. Roberts, Portland, argued the cause for respondent Rockwood Water Dist. With her on the brief was Josselson, Potter & Roberts, Portland.

No appearance for respondent Ken Hunter.

Before DEITS, P.J., and RIGGS and DURHAM, JJ.

DEITS, Presiding Judge.

In these consolidated declaratory judgment actions, Howard Koon and other individuals (individual plaintiffs) and Rockwood Water District (district) sought declarations that defendant City of Gresham (city) had not effectively withdrawn certain territories from the district at the times that the city annexed the territories between 1972 and 1989, and that a 1989 ordinance enacted by the city also did not succeed in withdrawing the territory...

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