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PERKINS v. MARION COUNTY

448 P.2d 374 (1968)

Marsh O. PERKINS, Milan Boniface, David C. Duniway, Charles E. Weber, Donald L. Hopkins, George A. Shoppert, Jr., Chet I. Nelson, Appellants, v. MARION COUNTY, a Municipal Corporation, Rex Hartley, Henry Ahrens, and Pat McCarthy, Comprising the Governing Body of Said County; Ann Schindler; Albert W. Schindler; Leonard Schindler; Ruby Schindler; M-P Materials Corporation, an Oregon Corporation; Salem Sand and Gravel Co., an Oregon Corporation; River Bend Sand and Gravel Co., an Oregon Corporation, Respondents.

Supreme Court of Oregon, Department 2.

Decided December 11, 1968.

Attorney(s) appearing for the Case

M. Chapin Milbank, Salem, argued the cause for appellants. On the briefs were Brown, Schlegel, Bennett & Milbank, Salem.

Robert DeArmond, Salem, argued the cause for respondents. On the brief were DeArmond, Sherman & Barber, and Gary D. Gortmaker, Dist. Atty., Salem.

Before SLOAN, P.J., and O'CONNELL, GOODWIN, HOLMAN and LANGTRY, JJ.

LANGTRY, Justice pro tem.

This appeal is from judgment of the circuit court which upheld, after trial, the action of the Marion County Board of Commissioners in allowing a zone change.

On December 1, 1958, the Marion County Court, pursuant to ORS ch. 215, adopted Ordinance #2 which provided for interim zoning in the "south area" (designated as Zone Area #2) of the metropolitan area surrounding the city of Salem. This...

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