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SAMMONS v. SIBARCO STATIONS, INC.

497 P.2d 862 (1972)

William M. SAMMONS and Peggy Ann Sammons, Appellants, v. SIBARCO STATIONS, INC., a Corporation, et al., Respondents, Rose T. Robinett, Defendant.

Court of Appeals of Oregon, Department 1.

Decided June 9, 1972.

Rehearing Denied June 30, 1972.

Review Denied August 1, 1972.

Attorney(s) appearing for the Case

E.R. Bashaw, Medford, argued the cause for appellants. With him on the briefs was John L. Flynn, Ashland.

James A. Redden, Jr., Medford, argued the cause for respondents. With him on the brief were Collins, Redden, Ferris & Velure, Medford, for respondent Sibarco Stations, Inc.; Sidney E. Ainsworth and Davis, Ainsworth & Pinnock, Ashland, for respondents Everett H. McGee and Donzella McGee; and Ronald L. Salter, Ashland, for respondent City of Ashland.

Before LANGTRY, P.J., and FOLEY and FORT, JJ.

FOLEY, Judge.

In this zoning case the Ashland City Council granted a conditional use permit allowing the construction of a service station to defendant Sibarco, the applicant and optional purchaser of the land involved. Plaintiffs filed a class action for declaratory relief in the circuit court in which they alleged that the action of the city council violated the plan for residential development of the area and that the city council failed to make findings as required...

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