Holmes v. Graham

The resolution initiating the proceedings for the vacation of the road was regularly adopted, and the requisite notice was regularly served by posting, as required by statute. The plaintiffs had their day in court and ample opportunity to present objections. The proceedings were irregular but not void. The fact that the first resolution was not entered in the journal at the time of its adoption, which would have been a ministerial act, did not render the proceedings void.

Defendants submit that plaintiffs’ proper remedy was by writ of review. Section 28-1012, Oregon Code 1930, provides:

“The…