CLACKAMAS COUNTY v. EMMERT


513 P.2d 532 (1973)

CLACKAMAS COUNTY, a Political Subdivision of the State of Oregon, Respondent, v. Terry W. EMMERT and Kathleen M. Emmert, Husband and Wife, Appellants.

Court of Appeals of Oregon.

Decided August 27, 1973.

Rehearing Denied September 26, 1973.

Review Denied November 13, 1973.


Attorney(s) appearing for the Case

Paul Gerhardt, and Gary M. Bullock, Portland, argued the cause and filed the briefs for appellants.

Richard F. Crist, Deputy Dist. Atty., Oregon City, argued the cause for respondent. On the brief were Roger Rook, Dist Atty., and Robert D. Burns, Deputy Dist Atty., Oregon City.

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


LANGTRY, Judge.

This appeal is from a circuit court decree in a zoning case in which the court found that the use by defendants of certain real property for duplex residence buildings was a nuisance in violation of the Clackamas county zoning ordinance and ORS ch. 215. The decree ordered defendants to abate the nuisance and enjoined them from maintaining duplex residence buildings upon the subject property.

Questions presented on appeal are: (1) whether two...

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