ROSETA v. COUNTY OF WASHINGTON


458 P.2d 405 (1969)

Robert ROSETA and Marion Roseta, Husband and Wife, On Behalf of Themselves and Others Similarly Situated, Respondents, v. COUNTY OF WASHINGTON, State of Oregon et al., Defendants, Vera C. Schmitt, Appellant.

Supreme Court of Oregon.

Decided September 10, 1969.


Attorney(s) appearing for the Case

Paul M. Reeder, Hillsboro, argued the cause and filed briefs for appellant.

Clifford B. Olsen, Portland, argued the cause for respondents. With him on the brief were Franklin, Olsen, Bennett, DesBrisay & Jolles, Portland.

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


O'CONNELL, Justice.

This is a declaratory judgment suit brought to test the validity of the action of the Board of Commissioners of Washington County in rezoning a parcel of land owned by defendant Vera Schmitt. The trial court entered a decree declaring the action of the Board void on the ground that it constituted "spot zoning" and enjoining defendant Schmitt from erecting any building inconsistent with the existing zone.

Defendant Schmitt is the owner of...

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