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RUST v. CITY OF EUGENE

474 P.2d 374 (1970)

Frank RUST and Grace Rust, Husband and Wife; and Ronald F. Cosgrave, Keith J. Kennedy and Henry J. Camarot, Doing Business As Cosgrave & Associates, Appellants, v. CITY OF EUGENE, a Municipal Corporation of the State of Oregon, Respondent.

Court of Appeals of Oregon, Department 1.

Decided September 10, 1970.

Attorney(s) appearing for the Case

Henry J. Camarot, Springfield, argued the cause and filed the briefs for appellants.

Herman P. Hendershott, City Atty., Eugene, argued the cause for respondent. With him on the brief was James W. Spickerman, Asst. City Atty., Eugene.

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

FOLEY, Judge.

This is a zoning case. After a determination by the Eugene City Council denying their request for zoning change, petitioners applied to the Lane County Circuit Court for a writ of review. From an adverse determination there, petitioners appealed to this court.

Petitioners are (1) the current owners of the property in question, and (2) the individuals who hold an option to purchase the property. The property is located in an area which can properly...

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