Opinion
CA 17740, SC 28029
Argued and submitted November 4, 1981.
Affirmed January 19, 1982.
On review from the Court of Appeals.
Appeal from Circuit Court, Polk County (No. 25601), Albert J. Musick, Judge. 53 Or. App. 18, 630 P.2d 1318 (1981).
Gerald C. Doblie, Portland, argued the cause for petitioner. With him on the petition was Doblie, Francesconi Welch, P.C., Portland. On the briefs were Elizabeth Welch and Doblie, Francesconi Welch, P.C., Portland.
I. Franklin Hunsaker, III, Portland, argued the cause for respondent. With him on the briefs were Dennis McCaffrey, Polk County Legal Counsel, Dallas, and R.R. Bullivant, John W. Buehler, and Bullivant, Wright, Leedy, Johnson, Pendergrass Hoffman, Portland.
Before Denecke, Chief Justice, and Tongue, Linde, Peterson, Tanzer and Campbell, Justices.
PER CURIAM.
Affirmed.
We allowed review to consider the application of our holding in Strawberry Hill 4-Wheelers v. Benton Co. Bd. of Comm., 287 Or. 591, 601 P.2d 769 (1979), to the unusual facts of this case. We conclude that the analysis by the Court of Appeals was correct.
Affirmed.