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FOLLMER v. COUNTY OF LANE

480 P.2d 722 (1971)

Mack R. FOLLMER and Vera Lea Follmer, Husband and Wife; J. Henry Bastian; Delbert L. Lindly and Genevieve Lindly, Husband and Wife; and John R. Axtell and Linda M. Axtell, Husband and Wife, Appellants, v. COUNTY OF LANE, Truman A. Chase and Lola Chase, Husband and Wife; Lloyd F. Whiteaker and Ireta Whiteaker, Husband and Wife; and Kendall Ford, Inc., an Oregon Corporation, Respondents-Cross-Appellants.

Court of Appeals of Oregon, Department 2.

Decided February 11, 1971.

Rehearing Denied April 8, 1971.

Attorney(s) appearing for the Case

Winfrid K.F. Liepe, Eugene, argued the cause for appellants. With him on the briefs were Stanley R. Darling, and Johnson, Johnson & Harrang, Eugene.

John L. Luvaas, Eugene, argued the cause for respondents-cross-appellants. With him on the brief were Luvaas, Cobb, Richards & Fraser, Ralph T. Aldave, Husband, Johnson & Frye, and Richard Smurthwaite, Eugene.

Before SCHWAB, C.J., and LANGTRY, BRANCHFIELD and HOLMAN, JJ.

LANGTRY, Judge.

Plaintiffs are residential property owners resisting a reclassification of defendants Chase and Whiteakers' agricultural land to commercial zone. They sought and failed to get a declaratory judgment invalidating the reclassification in the circuit court, and appeal from that judgment. The complicated facts were extensively produced and contested in several hearings before the Lane County Board of Commissioners, who legislated the zone change, and in...

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