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CLACKAMAS COUNTY v. HOLMES

508 P.2d 190 (1973)

CLACKAMAS COUNTY, a Political Subdivision of the State of Oregon, Respondent, v. Clifford L. HOLMES and Dorothy Holmes, Husband and Wife, Petitioners.

Supreme Court of Oregon.

Decided April 2, 1973.

Attorney(s) appearing for the Case

Sidney A. Brockley, Oregon City, argued the cause for petitioners. With him on the briefs were Jack, Goodwin & Anicker, Oregon City.

Keith J. Kinsman, Deputy Dist. Atty., Oregon City, argued the cause for respondent. On the brief were Roger Rook, Dist. Atty., and Michael D. Montgomery, Deputy Dist. Atty., Oregon City.

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

HOWELL, Justice.

Plaintiff, Clackamas County, filed this suit to enjoin defendants from completing construction of a chicken processing plant on the grounds that the construction violated county zoning and building code ordinances. The trial court enjoined the defendants from any further construction, and the Court of Appeals affirmed, Or. App., 95 Adv.Sh. 967, 501 P.2d 333 (1972). We granted review.

The defendants raise two...

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