SOUTH OF SUNNYSIDE NEIGHBORHOOD LEAGUE, Thomas M. and Florence Baggs, Vance A. and Patricia J. Higdon, Charles M. and Sharon L. Foidel, Fred R. and Wilma J. Heyne, Scott L. and Kitty Freeman, Frank H. and Valerie J. Temple (Appellants); Oregon Environmental Council, Northwest Environmental Defense Center, First Union Commercial Properties Expansion Co., First Union Real Estate Equity and Mortgage Investments, First Union Management Co., Inc., Dba First Union Shopping Centers Co., Petitioners,
v.
BOARD OF COMMISSIONERS OF CLACKAMAS COUNTY, Oregon, and Its Members, Thomas D. Telford, Robert Schumacher, Stan Skoko, Clackamas County Planning Commission, and Its Members, Daniel Baer, George Lyons, Una Schmidt, John Dodd, Peter McDonald, Fred Wickersham, David McMinn, Gerald Rothenfluch, Ernest W. Hahn, Inc., the Coldwell Banker Fund, Broadway-Hale Properties, Inc. (or Carter Hawley Hale Properties, Inc.), Respondents.
Supreme Court of Oregon, In Banc.https://leagle.com/images/logo.png
Argued and Submitted June 9, 1977.
Decided October 4, 1977.
Attorney(s) appearing for the Case
Stephen T. Janik, Portland, argued the cause for petitioners. With him on the briefs were Clarence R. Wicks, Gregory R. Mowe and Davies, Biggs, Strayer, Stoel & Boley, Portland, for petitioners First Union Real Estate Equity and Mortg. Inv. and First Union Management Co., Inc., dba First Union Shopping Centers Co., Lawrence Russell Lucas, Jr., Portland, for petitioners Oregon Environmental Council and Northwest Environmental Defense Center, and Louis J. Fasano, Portland, for petitioners South of Sunnyside Neighborhood League, Thomas M. and Florence Baggs, Vance A. and Patricia J. Higdon, Charles M. and Sharon L. Foidel, Fred R. and Wilma J. Heyne, Scott L. and Kitty Freeman, Frank H. and Valerie J. Temple.
Theodore B. Jensen of Jensen, DeFrancq, Holmes & Schulte, Portland, argued the cause for respondents Ernest W. Hahn, Inc., The Coldwell Banker Fund, Broadway-Hale Properties, Inc. (or Carter Hawley Hale Properties, Inc.). With him on the brief was Alan K. Brickley, Portland.
Scott H. Parker, County Counsel, Oregon City, argued the cause for respondents Bd. of Com'rs of Clackamas County, Oregon, and its members, Thomas D. Telford, Robert Schumacher, Stan Skoko, Clackamas County Planning Commission, and its members, Daniel Baer, George Lyons, Una Schmidt, John Dodd, Peter McDonald, Fred Wickersham, David McMinn and Gerald Rothenfluch. On the brief were Roger H. Rook, Dist. Atty., and Richard F. Crist, Deputy Dist. Atty., Oregon City.
Robert E. Stacey, Jr., Portland, filed a brief amicus curiae on behalf of 1,000 Friends of Oregon.
Supreme Court of Oregon, In Banc.
DENECKE, Chief Justice.
This is a writ of review proceeding in which petitioners have contended that the Clackamas County Board of Commissioners acted improperly in approving a proposed amendment to the county's comprehensive plan. The amendment in question changes the designation of a 65-acre parcel on the plan map from "medium density planned residential" to "planned commercial." The proponent of the change wants to develop...
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