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BRANDT v. MARION COUNTY

488 P.2d 1391 (1971)

Patricia BRANDT et al., Appellants, Fletcher Prince et al., Plaintiffs, v. MARION COUNTY, Oregon, a Political Sub-Division, et al., Respondents.

Court of Appeals of Oregon, Department 2.

Decided October 4, 1971.

Attorney(s) appearing for the Case

M. Chapin Milbank, Salem, argued the cause for appellants. With him on the briefs were Brown, Schlegel & Milbank, Salem, and James D. Fournier, Mount Angel.

Albin W. Norblad, Salem, argued the cause for respondents. With him on the brief was Duane Ertsgaard, Salem.

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

FOLEY, Judge.

This appeal is taken from a judgment of the Marion County Circuit Court which judicially reviewed and then affirmed Marion County Ordinance No. 278, a rezoning ordinance passed by the Marion County Board of Commissioners. The circuit court found that the rezoned area did constitute spot zoning, but sustained the Commission's decision because:

"* * * the Board of County Commissioners in their hearings had ample evidence from which they could...

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