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BAKER v. CITY OF MILWAUKIE

520 P.2d 479 (1974)

Jeanett I. BAKER, Appellant, v. CITY OF MILWAUKIE, an Oregon Municipal Corporation, et al., Respondents, Clifford C. Archer et al., Intervenors-Respondents.

Court of Appeals of Oregon.

Decided April 1, 1974.

Attorney(s) appearing for the Case

Steven R. Schell, Portland, argued the cause for appellant. With him on the briefs was Craig M. Chisholm, Portland.

Myer Avedovech, II, Milwaukie, argued the cause and filed the brief for respondents.

Gary M. Bullock, Portland, argued the cause and filed the brief for intervenors-respondents.

R.P. Smith, Portland, filed a brief amicus curiae of Northwest Environmental Defense Center, Portland.

William P. Hutchison, Jr., Portland, filed a brief amicus curiae of Oregon Environmental Council, Portland.

Before SCHWAB, C.J., and FOLEY and THORNTON, JJ.

FOLEY, Judge.

In this alternative writ of mandamus, petitioner sought to compel the city of Milwaukie to conform its zoning ordinance to its comprehensive plan, to cancel a variance approved by the City of Milwaukie Planning Commission, and to suspend issuance of building permits in areas of the city of Milwaukie where the zoning ordinance and map of the city allow a more intensive use than the comprehensive plan. The city demurred to the alternative writ

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