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FRANKLAND v. CITY OF LAKE OSWEGO

493 P.2d 163 (1972)

Roger FRANKLAND et al., Appellants, v. CITY OF LAKE OSWEGO, a Municipal Corporation, et al., Respondents.

Court of Appeals of Oregon, Department 2.

Decided January 28, 1972.

Attorney(s) appearing for the Case

David P. Templeton, Portland, argued the cause for appellants. With him on the briefs were Dusenbery, Martin, Bischoff & Templeton, and Charles Robinowitz, Portland.

Garry P. McMurry, Portland, argued the cause for respondents City of Lake Oswego and John C. MacLean, H.J. Fergusen, William Cook, Robert Dent, Mary Goodall, William Knowles, and Charles Needham. With him on the brief were McMurry, Sherry, Nichols & Cox, Portland.

Gerson F. Goldsmith, Portland, argued the cause for respondent Mountain Park Corporation. With him on the brief were Goldsmith, Siegel & Engel, and Brad Littlefield, Portland.

Also on the brief were Kenneth W. Baines, and Wheelock, Richardson, Niehaus, Baines & Murphy, Portland, for respondent Dave Christensen Inc., and David J. Krieger, and Black, Kendall, Tremaine, Booth & Higgins, Portland, for respondent Security Bank of Oregon.

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

LANGTRY, Judge.

This appeal is from a decree which dismissed with prejudice the plaintiffs' suit for declaratory judgment, injunction, and, alternatively, damages. The motion to dismiss came at the conclusion of plaintiffs' case. Defendants sought to reserve the right to put on a case and there was a colloquy between court and counsel on this subject, but no decision.

Evidence or stipulations show all of the plaintiffs are property owners — principally...

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