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CLACKAMAS COUNTY v. PORTLAND CITY TEMPLE

511 P.2d 412 (1973)

CLACKAMAS COUNTY, a Political Subdivision of the State of Oregon, Respondent, v. PORTLAND CITY TEMPLE et al., Appellants.

Court of Appeals of Oregon.

Decided June 18, 1973.

Review Denied July 31, 1973.

Attorney(s) appearing for the Case

Alan K. Brickley, Portland, argued the cause for appellants. With him on the briefs were Davis, Jensen, DeFrancq & Holmes, Portland.

Richard F. Crist, Deputy Dist. Atty., Oregon City, argued the cause for respondent. With him on the brief was Roger Rook, Dist. Atty., Oregon City.

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

SCHWAB, Chief Judge.

On October 31, 1969, Clackamas County adopted a zoning ordinance which classified defendants' property as RA-1 (agricultural) single family residential district. Thereafter, the county sought an injunction restraining the defendants from using a portion of their property as an airport landing strip in violation of the ordinance.

Defendants contended that the property had been used as a landing strip prior to the adoption of the zoning...

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