TWIN ROCKS WATSECO DEFENSE COMMITTEE v. SHEETS


516 P.2d 472 (1973)

TWIN ROCKS WATSECO DEFENSE COMMITTEE et al., Appellants, v. Robert SHEETS et al., Defendants, Stanley R. Culver, Respondent.

Court of Appeals of Oregon.

Decided December 3, 1973.


Attorney(s) appearing for the Case

Charles J. Merten, Portland, argued the cause and filed the brief for appellants.

Douglas E. Kaufman, Tillamook, argued the cause for respondent. With him on the brief were McMinimee & Kaufman, Tillamook.

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


SCHWAB, Chief Judge.

Plaintiffs' complaint and supplemental complaint1 allege, in essence, that: (1) on April 14, 1972, an application was filed with appropriate Tillamook County officials to rezone an area from R-3 (high density residential) to R-2 (medium density residential); (2) apartment buildings are a permitted use in areas zoned R-3, but are not a permitted use in areas zoned R-2; (3) on May 25, 1972, intervenor, with actual knowledge...

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