State v. Kelley

Defendant appeals his conviction on two counts of first degree theft, ORS 164.055. The charges arose from a complicated series of transactions between defendant and the City of Klamath Falls involving the annexation, subdivision and development of defendant’s land on the outskirts of the city. Most of the basic facts are undisputed. At trial the critical issue was whether defendant acted with the requisite intent.

In May 1972, defendant, a civil engineer, purchased a 170-acre parcel of land in an unincorporated area adjoining the city limits of Klamath Falls. That property was adjacent to…