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ORR v. EAST VALLEY WATER DIST.

No. 03C-17163; A125101.

125 P.3d 834 (2005)

203 Or. App. 430

Elizabeth ORR, William Orr, Nelson Vierra, Susan Daily, Glade Hilton, Michael Wolff, Karen Wolff, and Tomina Wolff, Appellants, v. EAST VALLEY WATER DISTRICT, Respondent.

Court of Appeals of Oregon.

Decided December 28, 2005.

Attorney(s) appearing for the Case

Peggy Hennessy, Portland, argued the cause for appellants. With her on the briefs was Reeves, Kahn & Hennessy.

David E. Filippi, Portland, argued the cause for respondent. With him on the brief were Ellen Hawes Grover and Stoel Rives LLP.

Before ARMSTRONG, Presiding Judge, and BREWER, Chief Judge, and LANDAU, Judge.

BREWER, C.J.

Petitioners appeal from a judgment dismissing their petition for a writ of review of respondent's decision under ORS 545.099 denying petitioners' request for exclusion of their lands from the East Valley Water District. The trial court determined that the action was not justiciable because petitioners had not shown that respondent's denial of their request for exclusion, even if erroneous, had a practical effect on petitioners' rights. Although the trial...

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