Nyman v. City of Eugene

The primary issue here is the effect to be given to a recitation in a county court record that certain property owners agreed to the widening of a county road. The Court of Appeals, sitting in banc, held that the recitation was insufficient to confer jursidiction on the county court "without an affirmative showing in the record that all of such owners signed the agreement.” 32 Or App 307, 315, 574 P2d 332 (1978). We granted review, 283 Or 235 (1978). 1

The parties submitted this controversy without suit or action pursuant to ORS chapter 27. 2 The facts were stipulated as follows.

Plaintiff is…