Pacific Western Co. v. Lincoln County

Petitioners appeal from the circuit court’s judgment in a writ of review proceeding that affirmed an order of the Lincoln County Board of Commissioners vacating a portion of a public roadway, NW Sandy Drive, in Lincoln County. Petitioners contend, in part, that the circuit court erred in rejecting their claim that the Board had misconstrued applicable law, viz., ORS 368.331, and had consequently failed to follow applicable procedures. ORS 34.040(l)(b). We agree with petitioners that the Board misconstrued ORS 368.331; that under that statute, the Board was required to obtain petitioner…