Kirsch v. Curnutt

This is an action for usurpation of office. ORS 30.510. Plaintiffs, the directors of Mountain View Hospital District (MVHD), sought a declaration that Jefferson County Emergency Services District (JCESD) was invalidly formed, a declaration that defendants, directors of JCESD, were illegally holding office and an injunction prohibiting defendants from acting as directors of JCESD. The trial court concluded that JCESD and MVHD could exist simultaneously and, therefore, held that defendants were not unlawfully holding office. Plaintiffs appeal, and we reverse and remand.

The relevant facts are…