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DENNIS ET UX v. CITY OF OSWEGO ET AL

223 Or. 60 (1960)

353 P.2d 1044

DENNIS ET UX v. CITY OF OSWEGO ET AL

Supreme Court of Oregon.

Affirmed July 6, 1960.

Attorney(s) appearing for the Case

Leo Levenson and Norman B. Kobin, Portland, argued the cause and filed briefs for appellants.

L. Eugene Crampton, Oswego, argued the cause for respondents. With him on the brief was Philip A. Levin, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, PERRY, SLOAN, O'CONNELL and GOODWIN, Justices.

AFFIRMED.

SLOAN, J.

This case involves the validity of a zoning ordinance adopted by defendant city. The trial court sustained the ordinance and plaintiffs appeal. Plaintiffs alleged that the city council acted in an unlawful, arbitrary and capricious manner to oppress plaintiffs when the city adopted the contested ordinance. Other issues are raised but the only real question is that presented by the allegations of arbitrary and capricious action. The ordinance...

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