Kelly v. Silver

This appeal challenges a judgment of the circuit court in a declaratory judgment action which affirmed action of the administrator of the state Health Division, requiring annexation, for public health reasons, of an area to the City of Sweet Home.

Plaintiffs are 177 residents of a territory proposed to be annexed to the city pursuant to the provisions of ORS 222.850 through 222.915. Numerous of the plaintiffs are obviously spouses of other plaintiffs. ORS 222.850 through 222.915 provides, in addition to other standard statutory annexation procedures in ORS 222.010 to 222.750, a procedure for…