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COUNTY OF CLATSOP v. ROCK ISLAND CONSTRUCTORS

482 P.2d 541 (1971)

COUNTY OF CLATSOP, a Political Subdivision, State of Oregon, Appellant, v. ROCK ISLAND CONSTRUCTORS, Inc., John T. Bullock and Gene Hines, Respondents.

Court of Appeals of Oregon, Department 1.

Decided March 11, 1971.

Attorney(s) appearing for the Case

Frank J. Coumont, Dist. Atty., Astoria, argued the cause and filed the brief for appellant.

Lawrence M. Dean, Astoria, argued the cause for respondents. With him on the brief were Macdonald, Dean & McCallister, and Harold A. Snow, Astoria.

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

SCHWAB, Chief Judge.

In 1969, Clatsop County brought suit against the defendants, who own 102 acres of land in that county, seeking an order prohibiting defendants from crushing rocks on the property because such use was in violation of Clatsop County Zoning Ordinance 66-2, adopted in November of 1966. The trial court found in favor of the defendants and the county brought this appeal.

In 1963, the county adopted an interim zoning ordinance as authorized by...

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