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MURPHY v. S.A. HUTCHINS & ASSOCIATES CONST. CO.

501 P.2d 1273 (1972)

Edward M. MURPHY and Marie F. Murphy, Husband and Wife, Appellants, v. S.A. HUTCHINS & ASSOCIATES CONSTRUCTION CO., Inc., an Oregon Corporation, Respondent.

Supreme Court of Oregon.

Decided October 19, 1972.

Attorney(s) appearing for the Case

Edward M. Murphy, Roseburg, argued the cause for appellants. With him on the briefs were Stults, Jayne, Murphy & Anderson, Roseburg.

Donald A. Dole, Roseburg, argued the cause for respondent. With him on the brief were Thomas W. Kolberg, and Long, Neuner, Dole & Caley, Roseburg.

Before O'CONNELL, C.J., and DENECKE, HOLMAN, TONGUE, HOWELL, and BRYSON, JJ.

BRYSON, Justice.

Plaintiffs filed this declaratory proceeding to determine whether defendant had violated a zoning ordinance of the city of Roseburg by collocating and connecting two single-family dwellings on a residential lot in Roseburg, Oregon. Plaintiffs reside near the defendant's structure and sought an order to remove one of defendant's homes. The trial court dismissed the complaint, finding that defendant's structure was a satisfactory "two family dwelling...

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