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ARCHDIOCESE OF PORTLAND v. COUNTY OF WASHINGTON

458 P.2d 682 (1969)

ARCHDIOCESE OF PORTLAND, in Oregon, an Oregon Corporation, Appellant, v. COUNTY OF WASHINGTON, State of Oregon, and William Masters, John Anicker, Joe VanDyke, Clayton Nyberg and Edwin Guerin, in Their Capacities As Members of the Board of County Commissioners of Washington County, and George Lewis, Arthur P. Ireland, Robert Scotton, Mrs. Eugene Kaza, D.L. Shattuck, Jerry Wieber, W.A. Fealy and William Robinson, in Their Capacities As Members of the Planning Commission of Washington County, and Bailey Seida, the Acting Planning Director of the Washington County Planning Commission, Respondents.

Supreme Court of Oregon, In Banc.

Decided September 10, 1969.

Attorney(s) appearing for the Case

Howard A. Rankin, Portland, argued the cause for appellant. With him on the briefs were Shuler, Rankin, Myers & Walsh and Michael J. Walsh, Portland.

R.D. Roberts, Portland, argued the cause for respondents. With him on the brief was Ray D. Robinett, Hillsboro.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and LANGTRY, JJ.

O'CONNELL, Justice.

This is a declaratory judgment suit in which plaintiff seeks a decree declaring invalid an order of the Washington County Board of Commissioners denying plaintiff a conditional use permit to build a church, school and gymnasium facility in an area zoned for residential purposes. Defendants demurred to the petition on the ground that plaintiff's remedy is limited to a writ of review and that the court is without jurisdiction to grant declaratory...

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