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WASHINGTON COUNTY v. STEARNS

474 P.2d 360 (1970)

WASHINGTON COUNTY, a Municipal Corporation, Respondent, v. Robert E. STEARNS, Appellant.

Court of Appeals of Oregon, Department 2.

Decided September 10, 1970.

Attorney(s) appearing for the Case

Fred A. Anderson, Tigard, argued the cause for appellant. With him on the briefs were Anderson & Dittman, Tigard.

Richard D. Roberts, County Counsel, Hillsboro, argued the cause for respondent. With him on the brief was Edward J. Sullivan, Asst. County Counsel, Hillsboro.

Before SCHWAB, C.J., and LANGTRY and FOLEY, JJ.

LANGTRY, Judge.

Washington County sued to enjoin defendant from continuing to remove sand from a pit upon a certain tract of his land. The land was in an area zoned under the Washington County Comprehensive Zoning Ordinance as "Suburban Residential." Defendant alleged in his answer that the zoning ordinance is vague and illegal as it purports to regulate his land, and that it was not validly adopted. His second defense is that the ordinance is arbitrary as it applies...

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