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  5. 853 P.2d 1312 (1993)
 

STATE EX REL. KIRSCH v. CURNUTT

(CC 87 CV 0061-33; CA A67772; SC S39484).

853 P.2d 1312 (1993)

317 Or. 92

STATE of Oregon ex rel. Thomas H. KIRSCH, John Hatfield, Lee Bissel, Donna Davis, Patricia Creelman, Mike Weber and Errol Schnider, Respondents on Review, v. John CURNUTT, Patricia Neff, Michael Throop, Steven Heydon and John Doe, Petitioners on Review.

Supreme Court of Oregon, In Banc.

Reassigned March 31, 1993.

Decided July 1, 1993.

Reconsideration Denied August 24, 1993.

Attorney(s) appearing for the Case

Paul R.J. Connolly, of Donaldson, Albert, Tweet, Connolly, Hanna & Muniz, Salem, argued the cause and filed the petition for petitioners on review.

Timothy R. Volpert, of Davis Wright Tremaine, Portland, argued the cause for respondents on review. With him on the response were Steven R. Rinkle, Portland, and Edward E. Sites, of Glenn, Sites & Reeder, Madras.

VAN HOOMISSEN, Justice.

This is a case involving the permissibility of forming a health district within the boundaries of a previously established health district. ORS chapter 198 establishes procedures for the formation and organization of a number of types of special districts, including health districts authorized under ORS chapter 440. ORS 198.010(10). At issue in this case is the meaning of ORS 198.720, which provides in part:

"Except as otherwise specifically...

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