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CITY OF CORVALLIS v. STATE

A164595.

464 P.3d 1127 (2020)

304 Or.App. 171

CITY OF CORVALLIS, an Oregon municipal corporation, Plaintiff-Appellant, and League of Oregon Cities, Plaintiff-Intervenor below, and City of Philomath, Intervenor-Appellant, v. STATE of Oregon; Kate Brown, Governor of Oregon; Bev Clarno, Secretary of State; and Jim Rue, Oregon Department of Land Conservation and Development; and Caldwell Farms, LLC, Defendants-Respondents, and Michael Galpin et al., Defendants.

Court of Appeals of Oregon.

May 13, 2020.

Attorney(s) appearing for the Case

James K. Brewer argued the cause for appellants. On the briefs were David E. Coulombe and Fewel, Brewer & Coulombe.

Peenesh Shah argued the cause for respondents State of Oregon, Kate Brown, Bev Clarno, and Jim Rue. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

No appearance for respondent Caldwell Farms, LLC.

Philip Thoennes filed the brief amicus curiae for League of Oregon Cities.

Before Ortega, Presiding Judge, and Aoyagi, Judge, and Powers, Judge..

In this declaratory judgment action, plaintiffs the City of Corvallis (Corvallis) and the City of Philomath (Philomath) seek to have ORS 222.127 declared unconstitutional on its face or as applied to them. ORS 222.127 provides that, if certain conditions are met, the legislative body of a city "shall annex" certain territory within its...

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