Judson v. Lincoln City

Full title: JUDSON et al, Appellants, v. CITY OF LINCOLN CITY et al, Respondents

Court: Oregon Court of Appeals

Date published: Aug 9, 1976

552 P.2d 588 (Or. Ct. App. 1976)

552 P.2d 588

Opinion

No. 34104, CA 4570

Argued December 18, 1975. Reargued March 23, 1976.

Affirmed August 9, 1976.

Appeal from Circuit Court, Lincoln County.

Eugene K. Richardson, Judge.

Scott McArthur, Monmouth, argued the cause for appellants. With him on the briefs were McArthur Horner, P.C., Monmouth.

James Kulla, Lincoln City, argued the cause for respondent City of Lincoln City and its officers. On the brief was Michael G. Dowsett, City Attorney, Lincoln City.

Dan W. Poling, Lincoln City, argued the cause and filed the brief for respondent Journeymen, Inc., an Oregon corporation.

No appearance for respondent Lee Johnson, Attorney General of the State of Oregon.

In Banc^_

_ Foley, J., did not participate in this decision.

Affirmed. Brooks v. Dierker, 275 Or. 619, 552 P.2d 533 (1976).

FORT, J.

THORNTON, J., specially concurring.

I concur for the reasons stated in my specially concurring opinion in Caldwell v. Wunderlich, 26 Or. App. 407, 552 P.2d 1321 (1976).

Lee, J. I join in the opinion of Thornton, J.