Morrell v. County of Lane

This is an appeal from a denial of defendant’s motions to set aside a default order and decree. We reverse.

Plaintiff in this declaratory judgment proceeding sought a declaration that his operation of a rock quarry on his property was lawful and asked for a decree enjoining defendant from seeking an injunction to prohibit plaintiff’s operation of the quarry. The complaint was filed on August 11, 1977. On the same day, plaintiff obtained an order requiring defendant to show cause why a preliminary injunction should not be issued against it. Also on August 11, the county clerk was served with…