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SMITH v. COUNTY OF WASHINGTON

241 Or. 380 (1965)

406 P.2d 545

SMITH ET AL v. COUNTY OF WASHINGTON ET AL

Supreme Court of Oregon.

Reversed and remanded September 29, 1965.

Attorney(s) appearing for the Case

Ronald B. Lansing, Portland, argued the cause for appellants. With him on the briefs were Bailey, Swink, Haas, Seagraves and Lansing, Portland.

DeMar L. Batchelor, Hillsboro, argued the cause for respondents. With him on the brief were Schwenn & Bradley and Holger M. Pihl, Jr., District Attorney, Hillsboro.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, GOODWIN, DENECKE, HOLMAN and SCHWAB, Justices.

REVERSED AND REMANDED.

GOODWIN, J.

Plaintiffs, homeowners in Washington County, sued to enjoin1 the rezoning of a tract of residential land so that it could be used for manufacturing. The trial court held that rezoning was a legislative matter, and that, on the facts of the case, the proposed action by the county commissioners was not subject to judicial intervention. Plaintiffs appeal...

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