Court of Appeals of Oregon December 18, 1978, No. 33160, CA 11086 (Strawberry Hill 4 Wheelers v. Board of Commissioners)

JOHNSON, J.

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.