WITHAM HILL CORP. v. CORVALLIS


234 Or. 236 (1963)

380 P.2d 792

THE WITHAM HILL CORPORATION ET AL v. CITY OF CORVALLIS ET AL

Supreme Court of Oregon.

Reversed April 10, 1963.

Petition for rehearing denied May 14, 1963.


Attorney(s) appearing for the Case

Edward L. Clark, Jr., Salem, argued the cause for appellants. With him on the briefs were Goodenough, Clark & Marsh, Salem.

Paul M. Reeder, Hillsboro, argued the cause and filed a brief for respondents.

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


REVERSED.

SLOAN, J.

In this case plaintiffs sought and obtained a decree which avoided certain zoning ordinances adopted by defendants acting as the responsible officials of the city of Corvallis. Defendants appeal. For all practical purposes the parties are singular and will be referred to as plaintiff and defendant. A factual background is needed to explain the issue to be decided.

Prior to 1953 plaintiff acquired a tract of some 60 acres of land...

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