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BERGFORD v. CLACKAMAS COUNTY

515 P.2d 1345 (1973)

Fredrick E. BERGFORD and Penelope Bergford, Husband and Wife, Respondents, v. CLACKAMAS COUNTY, State of Oregon, et al., Defendants, and Transport Service, an Oregon Corporation, Appellant.

Court of Appeals of Oregon.

Decided November 19, 1973.

Attorney(s) appearing for the Case

John C. Anicker, Jr., Oregon City, argued the cause and filed the brief for appellant.

Robert L. Mills, Milwaukie, argued the cause and filed the brief for respondents.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.

SCHWAB, Chief Judge.

The defendant Transport Service, an Oregon corporation, operates a tank truck service as a prior nonconforming use as permitted by ORS 215.130(5),1 and the Clackamas County Zoning Ordinance, Section 10.11.2 On August 17, 1970, the defendant filed an application for an expansion of its nonconforming use under Section 10.53 of the zoning ordinance:

"Upon application the [planning...

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