Todd v. Bigham

ON REHEARING

*391William M. Sloan, Grants Pass, argued the cause for appellants. Ben Day, Medford, argued the cause for respondents Eagle Point Irrigation District and its officers. Before McAllister, Chief Justice, and Rossman, Sloan, O’Connell, Goodwin, Denecee and Lusk, Justices. LUSK, J.

A rehearing of this case was granted. Upon further consideration, we have concluded that in certain particulars our former opinion should he modified.

The Confirmation Act, ORS 548.105-548.115, which authorizes a special proceeding to secure a judicial determination of the validity of certain orders and acts —…