Strawberry Hill 4 Wheelers v. Board of Commissioners

Plaintiffs appeal the judgment of the trial court quashing a writ of review contesting a road vacation by Benton County. The trial court concluded that the county’s decision was legislative and, thus, not subject to writ of review. See ORS 34.040.1

The older cases have been in conflict as to whether vacation of a road is legislative or quasi-judicial. Compare Holmes v. Graham, 159 Or 466, 80 P2d 870 (1938) with Portland Baseball Club v. Portland, 142 Or 13, 18 P2d 811 (1933). However, since vacation of a road affects land use, it is doubtful that cases decided prior to Fasano v. Washington Co.…